^B 
 
 m 
 
 
 4' * 
 
Digitized by the Internet Archive 
 in 2010 with funding from 
 Duke University Libraries 
 
 http://www.archive.org/details/generallawsofext04texa 
 
GENERAL LAWS 
 
 OF THE 
 
 EzsiTi^A. SEssionsr 
 
 OF THE 
 
 IINTII LEGISLATURE, 
 
 OF THE 
 
 STATE OF TEXAS. 
 
 I»TJBX.ISI3:Er) DB'Sr -A.XJTIIOPlIT'Sr. 
 
 AUSTIN: 
 
 PRINTED AT THE OFFICE OF THE TEXAS ALMANAC. 
 
 28334 
 
O^ENEHAL LA^WS. 
 
 CnAPTER T. 
 
 AN ACT to authorize the Supreme Court of the State, for the Galveston Dktrict^ 
 
 to hohl its Spring term at the city of Aufitin. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That the 
 Supreme Court of the State, for the Galveston District, is hereby authorized 
 to hold its Spring term, for the year 1803, at the city of Austin. 
 
 Sec. 2. That the Judge^s of said Court are hereby authorized to have the 
 records and papers appertaining to the Supreme Court of said Galveston 
 District removed to the city of Austin, to be kept separate and apart from 
 the records and papers of the Austin District, and to be returned to the 
 Ualveston District upon the adjournment of said Court. 
 
 Skc. 3. That this act shall take effect and be ia force from and after its 
 passage. 
 
 Approved February 9th, 1S63. 
 
 CHAPTER ir. 
 
 AN ACT in relation to Judicial Proceedings in Counties in possession of or 
 
 endangered by tlie enemy. 
 
 Sfxtion 1. Be it enacted- by the Legislature of th-e State of Te^as, That 
 during the continuance of the war between the Confederate States and the 
 United States, should any enemy of the Confederate States take possession of any 
 territory witliin any county of this State, or apparently threaten so to do, so 
 as, m the judgment of the Chief Justice, or County Court of said county, or 
 of the Judge of the District Court of tho District in which such county is 
 situated, to render it unsafe or improper, in view of the public interest, to 
 hold the District or County Courts of such county at the court-house of the 
 same, or to keep the records of such District Court, or of such county, at the 
 court-house of the same, it shall be the duty of the Ch'ef Justice, County 
 Court or District Judge, to certify such fact upon the records of the county 
 or District Court of such county, cither in term time or vacation, or to publish 
 tho same in some public manner, which act may be done either within or 
 •without such county, as may be necessary or convenient to the Chief Justice, 
 County C<jurt or District Judfe acting. And after such certificate may have 
 been made, it shall be lawful for the Chief Justice, the County Court, the 
 Clerk of the County Court, the Clerk of the District Court, and the Sheriff 
 of such county, in the possession of, or endangered by the enemy, to keep 
 their oflfices, and to discharge the duties of the same at any safe place within 
 the limits of such county that may be indicated by the Chief Justice or 
 
County Court of sucTi county, or by the Judge of the District Court in wliictt 
 such county is situated ; and the sessions of the District and County Courts 
 of such county may be held at such indicated place until it may be safe to 
 keep sa-.d offices and hold said court at the regular places now established by 
 law. But in case it shall, in the judgment of such District Judge, Chief 
 Justice or County Court, be unsafe to keep said offices and hold the sessions 
 of said courts within the limits of such county, such facts shall be certified in 
 the manner hereinbefore provided. 
 
 Sec. 2. In case said offices cannot be kept, and courts held, as provided, 
 in the foregoing section, it shall be lawful for any person or persons, corpora- 
 tion or association, having any right of action which, under the laws in force 
 at the time, could be sued upon, and which it would be necessary under 
 existing laws to bring suits upon in the District Court of such county 
 occupied or endangered by the enemy, to commence suit thereon iu the 
 District Court of any county in which any defendant in such suit may be 
 found, or of the county not in like manner occupied or endangered by the 
 enemy, the court-house of which is nearest to the court-house of the county in 
 which such suits would, but for the provisions of this act, be required to be 
 commenced ; and all process issued in such causes, necessary or proper to be 
 executed in such county occupied or endangered by the enemy, may be 
 executed and returned by the Sheriff of the county in which the cause is 
 pending, or by the Sheriffof the county in which the process is to be executed, 
 or by any lawful deputy of either of such Sheriffs. And, in like case, the 
 estates of deceased persons which, under existing laws, would be required to 
 be opened in such occupied or endangered county, may be opened in the 
 County Court of the county not in like manner occupied or endangered by 
 the enemy, the court-house of which is nearest to the court-house of the 
 county in which such estate would, but for the provisions of this act, be 
 required to be opened ; and administrators and executors may be appointed, 
 wills probated, and such estates administered upon in the county where they 
 may be opened. In like case, all persons who have violated any criminal law 
 of the State, or shall hereafter do so, for which, under existing laws, they 
 would be liable to be tried in any such county occupied or endangered by the 
 enemy, shall be liable to be proceeded against and tried in the District Court 
 of the county not in like manner occupied or endangered by the enemy, the 
 court-house of which is nearest to the court-house of the county in which the 
 crimes for which the party is to be tried may be charged to have been 
 committed. 
 
 Sec. 3. Immediately upon the termination of the war between the 
 Confederate States and the United States, all civil and criminal causes and all 
 administrations and proceedings in relation to the estates of deceased persons 
 which may have been commenced and may then be pending and undetermined 
 in any county in which such cause or piocoeding could not have been 
 commenced but for the provisions of this act, shall be transferred, unless 
 the parties to the record in such causes shall otherwise agree, in writing, to 
 the proper court of the county in which such cause or proceeding would have 
 been required to have been commenced but lor the passage of this act, and 
 like proceedings shall there be had therein as though such cause or pro- 
 ceedings had originally been commenced in such court; and, for the purpose 
 of making such transfer, the clerk of the court in which such cause or 
 proceeding may be pending, shall make out and certify, under the seal of the 
 court, a correct transcript of all the proceedings had in such cause in such 
 court, and transmit the same, together with all of the original papers in the 
 cause, to the proper court. 
 
Skc 4. Tbis act is not intended to be construed to repeal any laws now in 
 force, but to be in addition thereto; and so far as it ma)' conflict with the 
 provisions of an}' existing law, such provisions siiall so far as relates to the 
 matters herein provided for, be suspended during the time this act shall be 
 in force ; and this act shall take effect from its passage, and shall be in I'orce 
 durine: tiie continuance of the war between the Confederate States and the 
 United States, and no longer. 
 
 Approved February 25(h, 18G3. 
 
 CHAPTER irr. 
 
 AN ACT toprescrihe the residence of County Surveyors. 
 
 Sf.ction 1. Be it ena'/fedhy the LegisJatvre of the State of rcrf?."?, That the 
 County* Surveyors of the soveral counties of tl)is State shall reside within 
 tlicir respective c.Huitics, and keep their offices at the county seats thereof; 
 and in all cases where the County Surveyors do not reside at the cnunty 
 eeats of their respective counties, they shall, and are hereby required to have 
 deputies in their respective offices residing at said county seats, wlio shall 
 keep their offices open, and the records thereof subject to the examination of 
 any person iiitereNtcd therein. 
 
 Sec. 2. That all laws, so far as they conflict with the provisions of this 
 act, be and the same are hereb}"" repealed, and that this act take clfect from 
 and after its passage. 
 
 Approved February 25tb. 1863. 
 
 CHAPTER \V. 
 
 An ACT to amend the nin^eteenth^ ticentieth and forty-seventh scctio7is of An Act 
 entitled '^ An Act to regulate proceedings in the County Courts, jjertaining to 
 estates of deceased persons,''^ approved March 20(h, A. £>., 1848. 
 
 Skction I. Be it enacted hy the Legislature of the State of Texas, That 
 section nineteen of the act recited in the caption hereof, shall hercnfter read 
 as follows: Before the issuance of letters testamentary, or of administration 
 with the will annexed, th? person named executor, or ajipointed administrator 
 with the will annexed, sliall, before the Clerk or Chief Justice of any County 
 Court in this State, or before any Justice of the Peace in the coimty 
 where the application for such letters is made, take and subscribe an oath, in 
 form, as follows: I do solemly swear that the writing which has been offered 
 
 for probate is the last will of so far as I know or believe; and that T 
 
 will well and truly perform all the duties of executor of said will, or of 
 
 administrator with the will annexed, of the estate of the said (as the 
 
 case may be.) 
 
 Sk.c. .;i. That section twenty of said act shall hereafter road as follows: 
 Before the issuance of letters of administration, the person appointed 
 administrator shall, before the Clerk, or Chief Justice of any coimty in the 
 State, or before an)- Justice of the Peace in the county where ajtplication for 
 such letters is made, take and subscribe an oath, in form, as follows : I do 
 
 solemlj- swear that deceased, died without leaving any lawful will, so 
 
 far as i know or believe, and that I will well and truly perform all the duties 
 of administrator of the estate of said 
 
 Skc. 3. That section forty-.seven of said act shall hereafter read as follows : 
 That every claiin for money against a testator, or intestate, shall be 
 presented to the executor or administrator within twelve months alter the 
 
original grant of letters testamentary, or of administration, or tbe payment 
 thereof shall be postponed until the claims which have been presented within 
 said twelve months, and allowed by the (executor or administrator, and 
 approved by the Chief Justice, or established by suit, shall have been first 
 entirely paid : Provided,lioipever, That if the executor or administrator be 
 absent from the State any time during said twelve months, the time of such 
 absence shall not be computed against the holder of such claim, nor taken as 
 a part of the time limited by this section. 
 
 Sec. 4. That this act shall take effect from and after its passage. 
 
 Approved February 25th, 1863. 
 
 CHAPTER V. 
 
 AN ACT to suspend the operations of the Stray Laics for and during the existence 
 
 of the 2)rese7it war,and for six months after its termination, except in certain 
 
 cases. 
 
 Section 1. Be it enacted hy the Legislature of the State of Texas, That from 
 and after the passage of this act, all laws and parts of laws providing for 
 the estraying of stock and prescribing the course of proceedings in the same, 
 and of sclliing stock heretofore estrayed, shall be, in all things, suspended for 
 and duriiig the existence of the present war, and until six months after peace 
 shall be concluded, with the exceptions hereinafter mentioned. 
 
 Sec 2. That any person may have the right, under the regulations now 
 in force for estraying stock, to estray any vicious animal or breachy stock that 
 is likely to injure the stock in the range or the property of any person, and 
 any person desiring to estray any such stock shall, in addition to the 
 regulations heretofore prescribed, prove by two creditable witnesses, by an 
 affidavit in writing, to be filed with the papers in the County Clerk's oflSce, 
 that the property estrayed is vicious, breachy, or so unruly as to be dangerous 
 and unfit to run at large. 
 
 Sec 3. That this act take effect and be in force forty days after its 
 passage. 
 
 Approved February 25th, 1863. 
 
 CHAPTER VI. 
 
 AN ACT to suspend all Statutes of Limitations on civil rights of action of every 
 
 kind^ whether reed or personal, tmtil one year after the close of the war hetween 
 
 the Confederate Slates and the United States. 
 
 Section 1. Be it enacted hy the Legislature of the estate of Texas, That all 
 statutes of limitations on all civil rights of action of every kind, whether real 
 or personal, are hereby suspended until one year after the close of the war 
 between the Confederate States and the United States: 
 
 Provided, That the limitation upon all rights of action for iiijuries'done to- 
 the person of another, as of assault and battery, wounding, or imprisonment 
 and for injuries done the character or reputation of another, as of libel oe 
 slander, shall not be suspended by the provisions of this act. 
 
 Sec 2. This act shall be in force from and after its passage.. 
 
 Approved February 26th, 1863. 
 
 I 
 
CHAPFER Vri. 
 
 AN ACT to attach the county of Kendall to the Fourth Judicial District, and to 
 
 amend an Act entitled an '■'■Act to attach the county of Blanco to the Fourth, 
 
 Judicial District, and to amend an Act entitled an Act to provide for the time 
 
 of holding the courts of the several counties in the Fourth Judicial District, 
 
 approved 2d February, 1858." 
 
 Section 1. Be it- enacted by the Legislature of the State of Texas, That the 
 county of Kendall be, and is hereby attached to the Fourth Judicial District, 
 and that the first section of the above recited act be so amended as to read 
 as follows: That the county of Blanco be, and hereby is attached to the 
 Fourth Judicial District, 
 
 The District Courts in the several counties of said District shall be held 
 as folio. vs, viz: Beginning in the county of Bexar on the first Mondays of 
 March and September, and may continue in session seven weeks. 
 
 In the county of Uomal on the eighth Mondays after the first Mondays of 
 March and September, and may continue in session one week. 
 
 In the county of Blanco on the ninth Mondays after the first Mondays of 
 March and September, and may continue in session one week. 
 
 In the county of Gillespie on the tenth Mondays after the first Mondays 
 of March and September, and may continue in session two weeks. 
 
 In the county of Kerr on the twelfth Mondays after the first Mondays of 
 March and September, and may continue in session one week. 
 
 And in the county of Kendall on tlie thirteenth Mondays after the first 
 Mondays of March and September, and continue in session until the busiiiees 
 of the term is disposed of. 
 
 Sec. 2. That all writs, bonds, recogniz-inces and process of all kinds that 
 Lave been or may be issued, taken, or made returnable to the times hereto- 
 fore appointed for the terms of said courts, shall be considered and taken as 
 made for the times herein provided for said courts. 
 
 Skc. 3. That all laws and parts oi laws in conflict with the provisions of 
 this act be, and are hereby repealed, and this act take effect and be in force 
 from and after its passage.. 
 
 Approved March 2d, 1863. 
 
 CHAPTER Vin. 
 
 AN ACT making an appropriition, to defray the contingent expenses of tlu Extra 
 
 Session of the Ninth Legislature. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That the 
 sum of six thousand dollars, or so much thereof as may be necessary, be, and 
 the same is hereby appropriated to pay the contingent expenses of the Extra 
 Session of the Ninth Legislature. 
 
 Sec 2. That this act take effect and be in force from and after its passage. 
 
 Approved March 2d, 18G3. 
 
 CHAPTER IX. 
 
 AN ACT maJcing an appropriation for the mileage and per diem pay of th* 
 members and the per dism pay of the Officers of the Extra Session of the Ninth 
 Legislature of tlie State of Texas. 
 
 Section 1, Be it enacted by the Legi-tlature of the State of Texas, That the 
 Bum of forty thousand dollars, or so much thereof as may be necessary, be, 
 and the same is hereby appropriated out of any money in the treasury not 
 
8 
 
 otherwise appropriated, for the mileage and per diem, pay of the members and 
 the 'per diem pay of the officers of the Extra Session of the Ninth Legislature 
 of the State of Texas. 
 
 Sec. 2. Tbat the certificate of the Secretary of the Senate and the certifi- 
 cate of the Chief Clerk of the House shall be sufBcient evidence to the 
 Comptroller, upon which he shall audit the claims and draw his warrants 
 upon the Treasurer for the respective amounts. 
 
 Sec, 3. That in case there be no funds in the treasury, the Comptroller 
 shall draw his warrants upon the Treasurer; one-tenth of each claim may be 
 issued, if the claimant desires it, in one dollai^ warrants. For the other 
 nine-teni hs of the claim no warrant shall be drawn of a less denomination 
 than five dollars. 
 
 Sec. 4. That this act take effect from and after its passage. 
 
 Approved Mareh 3d, 1863. 
 
 CHAPTER X. 
 
 AN ACT to ijwcxire Sjjecie to enahle the people to pay the Specie Tax. 
 
 Section 1. Be it enacted hy the Legislature of the State of Texas, That the 
 IMilitary Board be, and they are hereby authorized and required to procure an ^ 
 amount of specie equal to four cents on each one hundred dollars of the 
 assessment of the State taxes for the 3'ear A. D. 1862, and the like amount upon 
 the amount of assessments thereafter, and place the same in the treasuiy of the 
 State, to the credit of the interest and sinking fund created, and provided for 
 under " an act authorizing a loan and imposing a specific t^x to meet the prin- 
 cipal and interest thereof, under the provisions of the 33d section of the 7th 
 article of the Constitution of the State," approved April 8th, 1861, and that 
 the same be appropriated to no other use or purpose whatever. 
 
 Sec. 2. That to enable the Military Board to do and perform the duties 
 imposed on them by the 1st section of this act. they are hereby authorized, 
 and, if necessary, required to employ some competent person or persons to 
 purchase cotton and have the same transported to Mexico, or elsewhere, and 
 sold for specie, and to bring the specie thus obtained to the ti-easury of the 
 State, where it shall be deposited as provided in the 1st section > f this act. 
 
 Sec. 3. It shall be the duty of the Assessor and Collector to receive from 
 the tax-payers, instead of the specie taxes, like amounts of such other funds 
 as may be receivable for ordinary taxes, giving receipts therefor, not as abso- 
 lute payments, but to be exchanged for specie at the treasury so as to obtain 
 therefor the necessary specie for complete payments ; and it shall further be 
 the duty of the Collector to forward the funds so received, and co-operate 
 with the Comptroller in making said exchange. 
 
 Sec. 4. That the sum of one hundred and fifty thousand dollars, or so 
 much thereof as may be necessary, be, and the same is hereby appropriated 
 to enable the Military Board to carry into effect the provisions of this bill, and 
 they are hereby empowered to use, for the same purpose, any securities 
 which the)^ may have in their possession under appropriations heretofore 
 made, and that this act shall be in force from and alter its passage. 
 
 Approved March 3d, 1863. 
 
CHAPTER XI. 
 
 AN ACT to he entitledan Act authorizing judgments tobs rendered in certain cases, 
 requiring property levied upon hy execution or sale tinder deeds of trust or mort- 
 gage^ to bring nine-tenths of its appraised valve. 
 
 Skctio.v 1. Be it enacted hy the Legislature of the State of Texas, That in 
 all suits now pending, or hereafter to be broutrlit in any of the courts of this 
 State for the collection of money, the defendant shall be allowed to plead 
 and prove on the trial of the same, that he had tendered to plaintili', or 
 owner, or person in possession of the claini sued on, or their ap;ent, in bonds 
 or notes of the Confederate States, or in State bonds of this State, the sura 
 due on the same, and tliut the person to wiiom the tender was made had 
 failed or refused to receive the same in full satisfaction of the debt sued on, 
 and upon proof of the tender and refusal, the court, if satisfied there is any 
 amount due, shall render a judgment for the amount really due; and shall 
 further order, that no property shall be sold under any execution that may 
 issue on said judgment, unless it shall bring nine-tenths of its appraised value, 
 as hereinafter directed. 
 
 Sec. 2. On all executions issued upon judgments rendered as provided in 
 the preceding section of this act, the defendant shall have the right to point 
 out the property to be levied upon, and shall have a rea>onable time for that 
 purpose, after called upon by the olHcer for a levy; and after the Sherifl' or 
 other oflicer sliall have madea levy under an execution, as aforesaid, the defend- 
 ant in execution shall select one man, the Sheriff or officer making the levy 
 another, and they two a third, to act as appraisers, who shall be sworn by 
 the Sherilf or ollicer making the levy, who shiill make their ai)praisement in 
 writing, two, at least, of whom shall fign the same, which shall be delivered 
 to the ofliccr making the lev}', and the piuperty so levied upon and appraised 
 shall, on the day of sale, bring nine-tenths of its appraised value, or there 
 shall be no sale ; and if there be no sale, the property shall be restored to the 
 defendant in execution. 
 
 Sec. 3. Not more than one executicm shall issue in each ye.ar. after the 
 issuance of the first execution, upon judgments rendered as provided in the 
 first section of this act, upon each of which like proceedings shall in all .'e- 
 spects be hadas is provided in the second section of this act; l^ut in no case 
 shall property be sold unless it shall bring nine-tenths of its appraised value. 
 Sec. 4. That in all eases where judgments have heretofore been rendered 
 for money, in any of the courts of this State, and the same or any part 
 thereof remain mipaid, and the defendant in the same has or shall tender 
 to the plaintiff in such judgment, his agent or attorney, the full amount of 
 principal and interest due on the saiue, in bonds or treasury notes of the 
 Confederate States, or bonds of this State, and the plaintiff in such judg- 
 ment, his .agent or attorney, has or shall refuse to receive the same in full 
 satis'action of such ju-^gment, the defendant in such judgment shall have the 
 right to file his petition in the court where such judgment was rendered, 
 setting forth the facts, and cause the plaintiff 'n the judgment to be sum- 
 moned as in other cases ; and upon proof of the tender and refusal aforesaid, 
 it shall be the dut}' of the court to enter a decree or judgment, directiiigtho 
 proceeding thereafter to be had on said judgment, to be in all things conducted 
 as provided in the second and third sections of this act. 
 
 Sec. 5. In all .sales authorized to be made by or under any deed of trust, 
 or to satisfy any mortgage, and the amount due shall have been tendered as 
 provided in the first section of this act, no sale shall be made except by 
 nji|)raisement and for nine-tenths of its appraised value, as provided in the 
 second and third sections of this act: Provided, That in all cases under the provi- 
 
10 
 
 sions of this act to entitle tlie defendant to the benefits of the same, he shall 
 prove on the trial that the tender was within twelve months after the close 
 of the present war between the Confederate States and the United States. 
 
 Sec. 6. This act to take effect and be in force from and after its passage: 
 Provided, That nothing in this act shall be so construed as repealing an act 
 entitled "an act suspending all laws for the collection of debts and liabilities 
 on bond', promissory notes, bills of exchange and contracts for the paj-ment 
 of money, until the first day of January, 1864, or until sis months after the 
 close of the present war, should it terminate before the date named, or until 
 otherwise provided by law, approved December 7th, 1861." But the same 
 shall remain in full force and effect, notwithstanding the passage of this act. 
 
 Approved March 4th, 1863. 
 
 CHAPTER XTI. 
 
 AIV ACT to regulate the sale of Beef Cattle, and to require Butchers to keep and 
 
 return lists of the cattle slaughtered by them, and to prevent the sale of calves 
 
 for slaughter without hranding. 
 
 Section 1. Be it enacted l>y the Legislature of the ^late of Texas, That 
 every purchaser of beeves, for the purpose of slaughter for the Confederate 
 armies within the county where purchased, or elsewhere, or for the purpose 
 of exportation, or driving to market, out of thecounty where purchased, shall, 
 before slaughtering as aforesaid, or exporting or driving the same out of the 
 county where purchased, take from each and every person from whom he 
 purchases any such beel or beeves, a bill of sale of the same, fully describing 
 the marks and brand, or brands, (if more than one) of each animal, signed by 
 the party selling; which bill, or bills of sale, shall be verified by the oath of 
 the purchaser of such beeves, as genuine ; and the said bill of sale, and oath 
 attached, shall be filed by the said purchaser with the Clerk of the County 
 Court of the cou-^ty in which said beeves were purchased, to be recorded in a 
 book kept for that purpose, which shall be open to the inspection of the public : 
 Provided, In case there shall not be any such clerk ready to receive and 
 record such bill of sale and afildavit, the same shall be filed and recorded in 
 like manner in some adjoining county ; and such record, in the one county 
 or the other, shall be made without any unreasonable delay, but the reci^rJing 
 in such adjoining county shall not dispense with the filing and recording in 
 the county first indicated whenever there shall be therein a County Clerk 
 prepared for the business, with whom the bill of sale and affidavit shall be 
 filed for record, without unreasonable delay, whereupon they shall be 
 promptly recorded by said clerk. 
 
 Sec. 2. That anj^ purchaser of beef or beeves, who shall fail to comply 
 with the provisions of the first section of this act. shall be deemed guilty of 
 an offence against the laws of this State, and shall be liable to indictment 
 therefor, and, upon conviction, shall be fined in the sum of five hundred 
 dollars, one hundred of which shall go to the informer, and the balance to be 
 paid into the County Treasury, to be added to the jury fund. 
 
 Sec 3. That certified x copies of said bills of sales, duly attested by tho 
 clerk having charge of tho same, under the seal of his office, shall be received 
 in our courts as prima facia evidence against the vendor of any such beef or 
 beeves in any civil suit or criminal action brought against him. 
 
 Sec. 4. Every person who shall butcher beef for the market of any town 
 or village, shall keep lists of the marks and brands of all the cattle slaughtered 
 by him, and stating from whom purchased, and, at least once in each month, 
 shall return the same, verified by his oath, to the clerk of the County Court, 
 
11 
 
 wlio sliall cause tbe same to be recorded in his office, and keep tlicm subject 
 to tlie iu^pection of the public, which oath nia)' be taken bef )re any person 
 authorized by law to administer oaths ; and the clerks shall be entitled to 
 such lees as is provided by law for similar services. 
 
 Sr.c. 5. Should any butchi r fail to render such list for any month, by the 
 15th day of the next succeeding month, he shall be deomod guilty of a 
 misdemeanor, and, on conviction, shall be fined not less than fifrj', or more 
 than one hundred dollars for each ofience, one half of which shall po to the 
 informer, and the other to the jury-fund, as above provided ; and if he return 
 a false list, shall be guilty of false swearing and liable to prosecution therefor, 
 as in other cases. 
 
 Skc. G. It is hereb}' declared a penal offence to sell calves for slauphtor or 
 shipment without branding them; and any person so oflending, shall be 
 suljcct to indictmeut, and a fine of ten dollars per head for every calf thus 
 sold. 
 
 Approved March 4th, 18G3. 
 
 CHAPTER XTTI. 
 
 AN ACT to amend the first section of an Act entitled " An Act to amend thf. \st 
 av.d Wth sections of an Art to authorize the sale of the PiiMic Domain, approved 
 Fcbntnrii l\th, 1858." approved January ls<, 1862 — and to amend the seco7id 
 section of an Act entitled " An Act to authorize the sale of tin Public Domain,^^ 
 approved Fehniary Wth, 1858. 
 
 Section 1. Be it enacted by the Legislature of thc£tate of Texas, That the 
 first section of the above recited act shall hereafter road as follows : That 
 the Commissioner of the General Land OfMce is authorized to issue land scrip 
 in certificates of not less than oie hundred and sixty acres (except in the 
 cases herein provided,) which certificates may bo sold at the price of two 
 dollars 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 
 reservation, or the location of which is prohibited by law. 
 
 Sec. 2. That the second section of the above recited acC " to authorize the 
 saleof the pulilic domain," approved February 11th, 1858 — shall hereafter read 
 as follows: — Sec. 2. — That tiie alternate sections of land surveyed and reserved 
 to the State, under the provisions of the laws to encourage the con>truction 
 of railroads by donations of land, and the act granting land to the Galveston 
 and lirazos Navigation Company, and the islands heretofore reserved, and all 
 other reserved sections, may be sold at five dollars per acre. 
 Sec. 3. Tliis act shall take effect from and after its passage. 
 Approved March 4th, 1803. 
 
 CHAPTER XIV. 
 
 AN ACT appropriating two hundred thousand dollars, to he expended for the relief 
 of the sick and wounded Soldiers^ of tlte State of Texas, in the army of the 
 Confederate States. 
 
 Se( Tio.v 1. Be it enacted by the Legislature of the State of Texas, That the 
 sum of two hundred thousand dollars, or so much thereof as may be necessary, 
 be, and tiie same is hereby appropriated as a Hospital Fund, which shall be 
 administered, according to the provisions of an act, approved January 8th, 
 18G2, entitled an act to create a Hospital Fund, to be expended for the benefit 
 of the sick and wounded soldiers of the State of Texas, in the Confederate 
 army. 
 
12 
 
 Sec. 2. That any part of the apiDroprip.tion made in this act, may be 
 drawn from the Treasury by warrants of the Comptroller in such sums and 
 denominations as may be directed by the Gevernor. 
 
 Sec. 3. That this act, shall be in force from and after its passage. 
 
 Approved March 5th; 18G3. 
 
 CHAPTER XV. 
 
 "^??. Act to amend an Act to amend Av, Act to establish a Penal Code,^' approved 
 August 2Gth, 1856; approved February \2th, 1858. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That 
 Article ?A of " An Act to amend An Act to establish a Penal Code," approved 
 August 2Gth, 1856; approved February 12th, 1858, be amended so as hereafter 
 to read as follows: — Article 34. "All free white persons who have less 
 than one-eighth African blood come within the meaning of the term "//•«« 
 icMte 2}e>'sons ;" and all free white persons who have that, or a quarter 
 proportion of African blood come within the meaning of the terms "freepersons 
 of color.-'' Slaves are all such person of African descent as are held in slavery 
 b}' the laws of this State, or of any of the States or Territories of the 
 Confederate States, or of any foreign country. 
 
 Sec 2. That Article 349 of said Act be amended so as hereafter to read 
 as follo\v's: Article 349. Wherever, in the Penal Code or Code of Criminal 
 Procedure, it is declared, that an oflicer is guilty of an offence, on account of 
 any particular act or omission, and there is not, in the Penal Code, any 
 punishment assigned for the same, such officer slJall be deemed guilty of a 
 misdemeanor and shall be fined not exceeding' two hundred dollars. 
 
 &EC. 3. That said act be so amended by adding the following article 
 thereto, which shall read as follows : — Article 669a. If any person shall sell, 
 give, or loan, to a slave or slaves, a gun, pistol, sword, bowie knife or dagger, 
 or any gun-powder or percussion caps, without the written consent of his or 
 her master, mistress or overseer, he or she shall be confined at hard labor in 
 the Penitentiary not less than two nor more than five years. 
 
 Sec. 4. That Article 745a, of said act, be amended so as hereafter to read 
 as follows: 
 
 Article 745a. If an}' person shall receive or conceal property which has 
 been acquired bj^ another, in such manner as that the acquisition comes 
 within the meaning of the term theft, knowing the same to have been so 
 acquired, he shall be punished m the same manner as, by law, the person 
 stealing the same would be liable to be punished: P/-oy«VW, That if a Iree 
 white pL'rson shall receive or conceal such property stolen by a slave or free 
 pei'son of color he shall be punished in the same manner as, by law, a free 
 white person stealing the same would be liable to be punished. 
 
 Approved March 5th, 18G3. 
 
 CHAPTER XVI. 
 
 AN ACT to exclude from office, serving on juries, taking or holdi^ig property, and 
 from the rights of suffrage, ail persons who take the alien oath, leave our country, 
 to avoid the service, or who join the enemy, or in anytoise give them aid 
 and comfort. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That no 
 person, being a resident of the State, or of any one of the Confederate States, 
 who may, during the existing war between the Confederate States and the 
 
13 
 
 United States, take the oath commonly know as the alien oath, whereby he 
 claims the protection of an}^ foreign sovernment, as a shield from serving in 
 the cause of the Confederate States in tlieir present struggle, or wlio may 
 leave or Laving left, remain absent from this State, or any of the Cunfcderate 
 States, to avoid participating in behalf of ihe (confederate States, or who may 
 join, or having joined, continue in the army, or service, or employment 
 of tlie United States, or wbo maj' conceal himself, and thereby avoid service 
 in our cause, or who may, in anywise, give aid and comfort to the enemy, 
 shall upon conviction thereof before any court of competent jurisdiction, take 
 or hold any estate, real, personal, or mixed, whether by purchase, gift, devise, 
 or descent, in this State, nor hold any oflfice of trust, profit, or honor, nor vote 
 at any election, nor serve on any juries in any Court within this State: 
 Proiuded, That persons who shall prove themselves to be ^owa/f/t' neutrals and 
 citizens of a friendly power, shall not be subject to the jirovisions of this act. 
 
 Skc. 2. That the judgment of the Court upon the verdict of a jury in any 
 one of the causes enumerated in the preceding section, shall be sufficient 
 evidence of the guilt of the party, in any suit or proceeding that may 
 subsequently arise, on any issue made, upon any question involved in the 
 said first section. 
 
 Skc. 3. That for the offences enumerated in the first section of this act, 
 the party may be prosecuted at anytime withii.five years after the ratification 
 of a treaty of peace between the Confederate St.ates and tLe United States. 
 
 Sf.c. 4. That this act take effect from and after its passage. 
 
 Approved March 5th, 1803. 
 
 CHAPTER xvir. 
 
 AN ACT to provide/or ihe sfipport of the families of Texan Soldiers. 
 
 Section 1. Be it enacted hy the Lrnislalvre of the State of Tr.ras, That the 
 sum of six hundred thousand dollars is herebj' appropriated, to be distributed 
 by the Comptroller according to such regulations as he shall adopt, to the 
 County Courts of each county in the State, according to the scholastic 
 returns and estimates for the years 1861 and 18G2, taking as a basis for the 
 distribution to those counties which have not returned their lists for both 
 years, the year for which there is a return of the county', to be administered 
 by the said County Courts, for the support and assistance of the willows, 
 families and dependents of the officers and soldiers of Texas, who have been 
 or tnaj'^ be in the Army of the Confederate States, or in the active Militia or 
 Volunteer Service of the State of Texas, and which widows, families or 
 dependents may need the support or assistance of the State. 
 
 Skc. 2. — That this Act shall take eflect and be of force from and after ita 
 passage. 
 
 Approved March 5th, 1863. 
 
 CHAPTER XYIIT. 
 AN ACT to define the offence of exciting insurrection or insuhordination of 
 slaves in certain cases, and to pr(Scrit>c the punishment therefor. • 
 
 V/herkas, in the prosecution of the unhcdy war now being waged by 
 the United States against the Confederate State-! and the people thereof, our 
 enemies are seeking to bring upon us a servile war by arming our slaves and 
 placing them in the ranks of their armies, as well as otherwise, through the 
 action of their government and the commissioned officers of their armies, 
 inciting insurrection and insubordination : — therefore— 
 
14 
 
 Section 1. Be it enacted bg the Legislature of the State of Texas, That it 
 Bhall be an ofleiice, to be denominated exciting insurrection or insubordination 
 of slaves, for any commissioned ofHcer of the army, navy, or marine seivice of 
 the government of the United States, during the present war between said 
 United States and the Confederate States, to invade or enter upon, with 
 hostile intent, the Teritory or soil of this State, or with like intent to enter 
 within the waters of this State. 
 
 Sec. 2. That any person guilty of exciting insurrection or insubordination, 
 as in this act defined, shall, on conviction thereof, be punished by confinement 
 in the Penitentiary not less than five nor more than fifteen years. 
 
 Sec. 3. This act not being intended to produce any conflict between the 
 State authorities and the government or authorities of the Confederite States, 
 in relation to the managraent of any matters growing out of the existing war, 
 therefore, only such persons shall be subject to be tried under its provisions 
 as may be, by the proper authoiities of the Confederate States, delivered over 
 to the civil authorities of this State, for the purpose of being so tried — and, 
 any person convicted under the provij^ions of this act, shall, at any time after 
 such conviction, on demand made therefor by the President of the Confed- 
 erate States on the Governor of this State, be delivered up to the proper 
 authorities of the Confederate States. 
 
 Sec. 4. This act is not designed to be in lieu of existing laws defining the 
 exciting or insubordination of slaves^ and shall not be construed in any 
 manner to effect such laws. 
 
 Sec. 5. This act shall be in force from and after its passage. 
 
 Approved March 5th, 1863. 
 
 CHAPTER XIX. 
 
 AN ACT suppeimental to an Act entitled an Act, defining the office and duties 
 
 of Notaries Public, parsed May \2>th, 1846, and to amend the first section of 
 
 said Act. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That the 
 first section of the above entitled act be so amended as to read as follows: 
 There shall be appointed by the Governor, by and with the advice and con- 
 sent of two-thirds of the Senate, a convenient number of Notaries Public, not 
 exceeding six for each county, who shall hold their office for four years 
 from the day of their qualification, and no longer, any law to the contrary 
 notwithstanding. The office of Notary Public shall become vacant by 
 removal from the county, by becoming insane, by accepting any civil office 
 under the State Government, (except the office of Justice of the Peace,) or 
 any office under the Confederate or other government; and the office of 
 Deputy Clerk, Deputy Sheriff and Deputy Marshal, come within the meaning 
 of this act. 
 
 Sec 2. Be it further enacted, That when a Notary is appointed, the Secre* 
 tary of State shall forward the Commission to the Clerk of the County Court 
 of the County where.the party resides, who shall notify him to appear before 
 the County Court within thirty days from the day of the notice, if there will 
 be a regular term of said court, if not, before the Clerk in vacation, and qualify 
 according to law. The Clerk shall endorse on the Commission the day when 
 the notice was given, and if the party does not qualify within the time limited 
 the appointment shall be void, and the Clerk shall certify on the back of the 
 Commission, under the seal of the court, that the party has failed to qualify, 
 and return it to the Secretary of State. When the party qualifies in vacation, 
 the Clerk shall approve the bond, and record it as in other cases. 
 
15 
 
 Sec. 3. Be it further enacted, That whenever a Notary Public qualifies, or 
 vacates Lis office, b}' death or otherwise, the Clerk of the County Court shall 
 immediately report the fact to the Secretary of State, sjiving the date of 
 qualification, and showing when and by what way the oflfice became vacant. 
 
 .Skc. 4. Be it further enacted, That whenever a Notary Public voluntarily 
 vacates his office, or when the office becomes vacant by expiration of time, 
 he sh ill deliver to the Clerk of the County Court his seal and books, and 
 the records of his ofSce. If any Notary Public fails to comply with this pro- 
 vision, he shall be subject to a fine of one hundred dollars, recoverable by 
 motion in the District Court, in the name of the State, to be prosecuted by 
 said Clerk. 
 
 Sec. 5. Be it further enacted, That if the Clerk fails to comply with the 
 provisions of this act, he shall be subject to a fine of one hundred dollars, 
 recoverable by motion in the District Court, in the name of the county ; and 
 on trial of the motion, the certificate of the Secretary of State, showing 
 default on the part of the Cierk, shall be presumptive evidence of the facts 
 therein stated. 
 
 Sec 6. Be it further enacted. That the Clerk shall be entitled to a fee of 
 two dollars from every Notary who qualifies, and this act take eSect from 
 and after its passage. 
 
 Approved March 5th, 18G3. 
 
 CHAPTER XX. 
 
 AN ACT appropriating money to defraq th^e expenses incurred for rations and 
 forage, ordered hy Brigadier General Wm. Hudson, 2\$t Brigade, State Troops. 
 
 Whereas, Abo-ut the 1st of October, 18G2, it became known that a secret 
 organization existed in the county of Cooke and adjoining counties, having 
 lor its o'lject the overthrow of this government: And Wheras, The Texas 
 State Troops, of the 21st Brigade, were called out by Brig. Gen. Wm. Hud- 
 son, of said Brigade: And Whereas, Said rebellion has been efTectually 
 crushed, and harmony is restored in that portion of the State; therefore 
 
 Section 1. Be it enacted by the Leg idaiure of the Slate of Texas, That the 
 Comptroller be, and he is hereby required to audit and pay, by his warrants 
 upon the Treasurer, all accounts for forage And subsistence of the Texas State 
 Troops, of the 21st. Brigade, calL'd into service by Brig. Gen. Hudson, of 
 said Brigade: Proviiled, Such claims shall be duly sworn to by the claimants, 
 before some Justice of the Peace, or Notary Public, within said Brigade, to 
 be also approved by the Acting Quarterraasiter and Commissary of said 2lst 
 Brigade. 
 
 Sec 2. That the sum of four thousand five hundred dollars, or so much 
 thereof as may be necessary, be, and is hereby appropriated r>ut of any unap- 
 propriated money in the treasury, in payment of all such claims, and that this 
 act take effect from its passage. 
 
 Approved March 5th, 18G3. 
 
 CHAPTER XXI. 
 
 AN ACT declaring void, any sale made hy the Public Enemy who may occupy any 
 
 portion of the territory of the S'at^e of Texas. 
 
 Section 1. Be it enacted by the Legislature of the Slate of Texas, That if at 
 any time pending a war between the Confederate States Government and 
 any other goverrunent, State or Power, any of the territory within the limits 
 of the State ot Texas shall be occupied by the enemy, and, during such occu- 
 
16 
 
 pancy, any sales or transfers of property shall be made by them, eitliT by 
 private or public act, or under any pretence or proceeding whatever, of real, 
 personal, or mixed property, belooq;ing to any citizen or citizens of the State 
 of Texas, such sales shall be deemed void and of no effect, and all deeds made 
 under such sales, and all tran-fers and evidences of title conveyed, shall be 
 considered void, and not admissable as evidence in any courts of the State of 
 Texas. 
 
 '. Sec. 2. This act to take effect from and after its passage. 
 Approved March 5th, 18G3. 
 
 CHAPTER XXir. 
 
 AN ACT to amend the 12th and ISth sections of an Act, entitled " an Act 
 
 regidating Electmis" passed March 16th, 1848, and to amend the 9th and 
 
 14th sections of an Act entitled " an Act supplementary to an Act regulating 
 
 Elections, passed Ftbruarij llth, 1850." 
 
 Section 1. Be it enacted hy the Legislature of the State of Texas, That the 
 12th section of the act first recited in the caption hereof be so amended as 
 hereafter to read as follows: 
 
 Sec. 12. That immediately after closing the polls, the managers of the 
 election shall proceed to count the votes, make out a correct return, signed 
 by the managers, which, together with the ballots, and one of the poll-books, 
 shall be sealed up and delivered to the Chief Justice of the county, (or in his 
 absence, to the Clerk of the County Court, who shall file the same in his 
 ofBce, and deliver said return to the Chief Justice on the day appointed to 
 open and compare the polls,) by one of the managers, or some other respect- 
 able person, who shall swear that he received the package fn m one of the 
 managers, or the returning officer, and that the seals have not been broken 
 since ; which delivery shall be upon oath, before the return day of said 
 election, a duplicate of which return shall be kept by the presiding offii:er. 
 
 Sec. 2. That the 15th section of the act first recited in the caption hereof, 
 be so amended as hereafter to read as follows : 
 
 Sec. 15. That the election returns shall not be opened by the officer to 
 whom they are returned, before return day, or tenth day, and exclusive of the 
 day of election; at the expiration of that time he shall open theui and 
 estimate the result, making a tabular statement thereof, showing the number 
 of votes cast at each precinct for the several candidates, which table ho shall 
 record in a book to be kept for that purpose ; and he shall also record in said 
 book the names of the persons elected to county and precinct offices ; and 
 he shall thereupon deliver to the persons elected certificates of .election, 
 showing when and to what office the parties were elected, and shall sign the 
 same, and cause the seal of the County Court to be thereon impressed. 
 
 At the expiration of thirty days after the election, and from time to time 
 thereafter, as the officers may qualify, the Chief Justice shall make out and 
 certify to the Secretary of State a tabular statement, showing who were 
 electeil, and to what office, and the date of qualification, giving the number 
 of the precinct, (if precinct officers,) and he shall also certify the result of the 
 Tote for members of the Legislature; and he shall, in like manner, report to 
 the Secretary of State all special elections to fill vacancies in any county or 
 precinct office, and certifying when and how the vacancy occurred ; and when 
 any State or District officer, member of Congress, or of the Legislature, or 
 Notary Public, shall depart this life, the Chief Justice of the county where 
 such death occurs shall immediately certify the fact thereof to the Secretary 
 of State; and if any Chief Justice shall neglect to comply with any of the 
 
17 
 
 provision? of this act, he shall be fined one hundred dollars, recoverable by 
 motioji in the District Coart of tlie county in which he resides, after rc.ison- 
 able notice of such motion: Provided, however, Such Cbief Justice may 
 acquit himself of such neglect by affidavit made before any officer authorized 
 to administer oaths. 
 
 Sec. 3. That the 9th section of the act last recited in the caption hereof 
 shall be fio amended as to read as follows: Sec. 9. That when an 
 election Las been held for Governor and Lieutenant Governor, tlie Secretary 
 of State shall make a taV.le, containinp; an alphabetical li.st of the countie?:, 
 with columns for the candidates and tlie number of votes ; and he shftll, in 
 the presence of the Governor or Attorney General, open the returns and 
 enter on tlie table the number of votes given for the candidates respectively, 
 and then place the returns back in the envelope, seal it. endorse upon it tho 
 date of its reception, and carefully tile it away in liisofhci': the table thus 
 kept shall be open to public inspection, and, together with all the returns, 
 shall be delivered to the Speaker of the House of Representatives on the first 
 day of the next regular session of the Legislature. That when elections are 
 held for other State officers, and for District officers, the Secetary shall, in 
 like manner, make alphabetical tables of the counties in the State, or of tlie 
 Districts, and, as the returns are received, he shall enter the number of votes 
 received by eacli candidate, tl en endorse thereon the date of the receipt, and 
 carefully preserve the same in his office. If the returns are all in before tho 
 expiration of sixty days, the Secretary of State, in presence of the Governor 
 and Attorney General, or in case of vacancy or inability of either to act, 
 then any two of said officers shall count tlie returns which shaU have been 
 made, anu the Governor shall thereupon deliver a ciTtificate of election to the 
 person or persons who shall have received the highest number of votes for 
 each or anj" of said offices. If the returns are not all in before the sixtieth 
 day from the day of the election, the same officers shall proceed on that day 
 and count the returns and issue certificates as before provided for. If any of 
 the returns are d(ifective, or if there is unreasonable delay in making returns, 
 the Secretary shall notify the Chief Justice, or other proper officer, of the 
 defect or neglect, and to cause proper returns to be made. The Chief 
 Justice, or other officer, failing to make returns promptly, shall be subject to 
 a fine of one hundred dollars, recoverable by motion in the District Court of 
 the county in which he resides, after reasonable notice of such motion : 
 Provikd, hotocvcr, Such Chief Justice may acquit himself of such neglect b}' 
 sufficient affidavit made before any officer authorized to administer oaths; 
 and on the trial of such motion the certificate of the Secretary of State, 
 charging default upon the Chief Justice, shall be presumptive evidence of the 
 facts therein contained. 
 
 Sec. 4. That section 14th of the act last recited be so amended as to road 
 as follows: Sec. 14. That any person who shall intend to contest an 
 election for any office mentioned in the 11th, 12th and LSth sections of this 
 act, shall, wit';in ninety days after the day of election, give notice to the 
 person in whose favor the certificate shall have been made, of the grounds 
 upon which he intends to rely on the trial of such contest, and shall, within 
 the same period, cause a copj- thereof to bo filed in the office of the District 
 Clerk of the couiitv where such contest is to be tried. 
 
 Sec. "i. That this act take effect from and after its passage. 
 
 Approved March 6th, 1803. 
 B 
 
18 
 
 CHAPTER XXTII. 
 
 AN ACT to avJ.horm the Directors of the State Penitentiary to allow the Finan- 
 cial Agent of the same to purchase additional machinery, and to employ outside 
 lahoi- for the same. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That tLe ' 
 Diiectors of the State Penitentiary be, and they are hereby authorized to 
 direct the Fin nciai Agent thereof to purchase, on the best terms possible, 
 any machinery that may be necessary to supply the worn-out machinery of 
 said Penitentiary, or any additional machinery that they may deem expedient 
 to enlar2;e the works of the same, by ordering or sending any agent therefor 
 at the risk of the State of Texas. 
 
 Sec. 2. Be it further enacted. That the said Directors are further author- 
 ized to direct the said Financial Agent to employ such outside labor as they 
 maj' deem expedient, in addition to the convict labor, to carry on the woik- 
 shops and factories of said Pen'tentiary. 
 Sec. 3. That this act take effect and be in force from and after its passage. 
 Approved March Gth, 1863. 
 
 CHAPTER XXIV. 
 
 AN ACT to amend an Act entitled an Act to amend an Act to establish a Code 
 of Criminal Proceedure for the State of Texas, approved August 2Qth, 1856/ 
 approved February \btli, 1858. 
 
 Section 1. Be it enacted by the Legislative of the State of Texas, That arti- 
 cles 15G, 190«, 280, 644 and 960, of an act entitled an act to amend an act to 
 establish a Code of Criminal Proqeedure for the State of Texas, approved 
 August 2Gth, 1856, approved February 15th, 1858, be amended so as hereaf- 
 ter to read as follows: Art. 156, Whenever the District Attorney of the 
 proper district is in the county where a cause is heard under habeas corpus, it 
 is his duty, if the defendant is accused of a felony, to be present at the hear- 
 ing, and represent the State, for which service he shall be paid twenty-five 
 dollars; and if the District Attorney is not present at the hearing of such 
 cause, the -Judge shall appoint some well qualified practising attorney to re- 
 present the State, whs shall be paid the same fee as is allowed District 
 Attorneys for like services. Art. 190a. The offence of forgery may be prose- 
 cuted in any county where the written instrument is forged, or where the 
 same is used or passed, or attempted to be used or passed ; and the offence of 
 counterfeiting may be prosecuted in any county where the oflency; is commit- 
 ted, or where the counterfeit coin is passed, or attempted to be passed; and 
 the offences of perjury and false swearing may be prosecuted in the county' 
 wliere the offence was committed, or in the county where the false statement 
 is used or attempted to be used. Art. 280. In cases of felony the Sheriff 
 cannot, during the term of the court, take the bail, but must bring the accused 
 before the court, that he may there enter into recognizance, *but if, from any 
 cause, the term of the court should end before such recognizance can be, or is 
 entered into, then and in that event the Sheriff may take bail iu such amount 
 as may have been fixed in the case by the court. Art. 644. The following 
 persons only are incompetent to testify in criminal actions: 1. Insane per- 
 sons who are in an insane condition of mind at the time when they are offered 
 as wi«^nesses, or who were in that condition when the events happened of 
 which they are called to testify. 2. Children, or other persons, who, after 
 being examined by the court, appear not to possess sufficient intellect to 
 relate transactions with respect to which they are interrogated, or who do j 
 
19 
 
 «ot understand tlie obligation of an oath. 3. A slave or free person of color 
 sliall not testify, except where the prosecution is against a person who is a 
 slave or free person of color. 4. In prosecutions for seduction under the pro- 
 visions of the Penal Code, the female alleged to have been seduced. 5. All 
 peisons who have been, or may be convicted of felony in this, or in any 
 other State of the Confederate States, or of any other State or kingdom, un- 
 less such person or persons may have been pardoned for such crime : Provided, 
 that ni) person convicted of the crime of perjury or false swearing within this 
 State, or out of it, shall have his competency as a witness restored by a par- 
 don, unless the piird )n so obtained shall b}' its terms specifically restore his 
 •competency to testify in a court of justice, or unless his ccmiprtency be other- 
 wise restored by the proper authorities of this State. Art. 9G0. The sheriff 
 shall receive from the county one dollar a day for each guard he employs, and 
 the reasonable expense of such guard, not exceeding one dollar a day; and for 
 the support and .iiaintenance of each prisoner in his custody fifty cents a day 
 during the tirne he has charge of such prisoner, but in localities where the 
 price of provisions may demand it, the presiding judge may, in his discretion, 
 allow and approve a greater sum, not to exceed one dollar a day. 
 .Appioved March 6th, 18C3. 
 
 CHAPTER XXV. 
 
 AN" ACT to provide, for the defence of the Frontier, and repealinn certain provi 
 
 Hons of an Act entitled '■^ An Act to provide for the protection of the Frontier;^ 
 
 approved December 21s/;, 18t)l. 
 
 W hereas, under the provisions of " An Act to provide for the protection of 
 the Frontier of the State of Texas," approved December 21st, 1861, a regi- 
 ment, composed of nine companies of cavalr}"^, was ors^anized and sworn into 
 the service of the State of Texas for the term of twelvemonths: And, 
 whereas, by the provisions of ihe seventh secticm of said act, the Governor 
 was required to urge the acceptance of said regiment in the service of the 
 Confederate States for the purpose of fiontier protectitm: And, whereas, by 
 reason of the provisions of said act, and the organization of said regiment, 
 being inconsistent with the army regulations of the Confederate States, said 
 regiment was not received inio the service of the said Confederate States : 
 AnU, whereas, to meet a provision of said army regulations, that CJicli regi- 
 ment shall be composed of ten companies, the Governor disbanded said regi- 
 ment, and on the Uth day of Februar}'^, 1863, of the same material, completed 
 the organization of another regiment composed often companies, denominated 
 " the Mounted Regiment of Tex-as State Troop*," and muste ed the same into 
 the service of the State of Texas, under the command of Colonel James £. 
 , McCord, for the terra of three years or during the war : Therefore, 
 
 Section 1. Be it enacted by the Leijislaturc of the State of Texas, That said 
 mounted regiment of Texas State Troops, organized and couuiianded as afore- 
 said, be, and the same is hereby recognized and acknowledged as the Frontier 
 Regiment, contemplated to be raised by the act of this Legislature aforesaid, 
 subject to the provisions of said act, except as may be hereiii otherwise pro- 
 vided, and that the sum of eight hundred thousand dollars, (§800,000) or so 
 muf'h thereof as may be necessary, be, and the safne is hereby appropriated 
 for tlic pav and support of said regiment for the term of twelve months from 
 the said 11th day of February, 18G3, or until further action of the Legislature 
 of this St.ite. 
 
 Skc. 2. That the Governor be, and he is hereby authorized to transfer 
 said rcguueut to the service of the Confederate States: Provided such trans- 
 
20 
 
 fer can be made upon the condition, and with the ejrpress nndcrstanding^j 
 that said rojriment shall be retained and remain upon tbe Indian frontier of 
 the State of Texas, for ifs protection ; in which event said regiment shall be 
 suV)jt'ct solely to the military authorities^ of the Confederate States, and na 
 further charge for the pay or support thereof shall thereafter accrue against 
 the State of Texas ; but in the event no transfer of said regiment is made 
 imder the provisions of this act, said regiment shall remain upon said frontier 
 for the full terra of twelve months from the said February Uth, 1863, or 
 until otherwise provided by law. 
 
 Sec. 3. That so much of the •' Act to provide for the protection of the 
 frontier of the State of Texas," approved December 21, 1861, or of any other 
 act, as conflicts with the provisions of this act, are hei'eby repealed, and that 
 this act take effect from and after its passage. 
 
 Approved March 6th, 1863. 
 
 CHAPTER XXVI. 
 
 AN ACT to recfiilate the disti-ibutjon of doth manufactured at the State Peniten- 
 tiary among the families of Soldiers in, the Confederate Army. 
 
 Section 1. Be it enacfed hg the Lfgislatii,re of the Stale of Tezas^ That nc 
 cloth sliall be hereafter furnished by the Financial Agent of the State Peni- 
 tentiary, on application by, oj on behalf of the families of soldiers, unless the 
 Chief Justice of the county in which the applicant shall reside shall certify, 
 in his ofBcial capacitv, to the truth of the facts stated in said application. 
 
 Sec. 2. That this act shall take effect from its passage. 
 
 Approved March 6th, 1863. 
 
 CHAPTER XXVIT 
 
 AN ACT to provide against the hostile invasion of the State of lezas bp persons 
 of color. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That any 
 person of color invading or coming into the State of Texas during tbe present 
 war between the Confederate States and the United States, with any armed 
 force of the enemy, or for the purpose of waging war against the people of 
 said State of Texas, or the people of any of the Confederate States, or of 
 exciting insurrection amongst our slaves, or who being within the jnrisdirtion 
 of said State, shall voluntarily join or be found in the ranks of our enemies, 
 rendering them any character of service, or in any maner whatever givirig^ 
 them aid and comfort, shall he dealt with as is hereinafter provided. 
 
 Skc. 2. Upon tbe apprehension or capture of any such person by t"he 
 authorities of the State, or upon any such person being turned over after 
 capture, by the military authorities of the Confederate Statr>s to the civil 
 authorities of the State, it shall be the dutyoi the State authority, h,T,ving 
 said person in custody, to forthwith notify the Judge of the District Court 
 of bis Jfidicial District of the fact, who shall thereupon designate a day, 
 not less than ten nor more than twenty days after receiving such notification, 
 when he will examine into the truth of the accu-af ion made ; said examination 
 to be had aft'-r due notice thereof to the prisoner, in the county where said 
 prisoner is detained in custody, and if upon said examination it shall appear 
 that the pri-^oner comes under the provisions of the 1st section of this act, 
 h > shall be deemed to have forfeited his freedom, if he be free, and shall be 
 ordered to be confined in the State Penitentiary at labor until the espiratioa 
 
21 
 
 <of twelve months after the ratification of a treaty of peace between the 
 Confederate States and the United States, and at the expiration of said period 
 to be dealt with as hereinafter further provided. 
 
 Sec. 3. It shall te the duty of the Secretary of StAte, within sixty days 
 after the ratitication of the treaty of peace aforesaid, to procure a complete 
 list of all persons then reuiaining confined in the Pcniteniiary under the 
 provisions of this act, with a full liescriprion thereof, including the name, njre, 
 complexion, height and wt-ight of every stich person, and any other peculiar 
 wark bv R^hicli they may be identified, together with the name, and re-id e.nce, 
 if known, of the alleged owner of such, if any, as claim to be slaves; which 
 said list he shall cause to be published eig'jt successive vi'eeks in newspapers, 
 published in tliree different portions of the State, one of which shall be at the 
 Capital of the .State, and no two of which shall be publi^hed in the same 
 congressional district. 
 
 Sec. 4. At tlic expiration of twelve months after the ratification of the 
 treaty of peace af)re.>aid, a list of all persons remaining in the Penitentiary 
 iiniler the provisions of this act, and not kefore then reclaimed as runaway 
 slaves, shall be furnislied by the Superintendent of tlie Penitentiary to the 
 Secretary of State, and each person thus remaining shall be remanded to the 
 custody of the Slienlfof the county wherein said Peniteiiti iry is situatcf'', 
 who shall, within sixt3 days thereafter, expose said person to sale at {)ublic 
 auction, before the court-house door of said county, to the highest bidder 
 for cash, due notice of the person to be sold and the time, place, and terms of 
 said sale having been first given, by advertisement published eight successive 
 weeks next preceeding said sale, in newspapers published — one at the Capital 
 of the State, and one in the county where said sale is to be made — or wliero 
 no newspaper is published in said county, then in some newspaper published 
 elsewhere in the State, and not at the Capital, having the largest circulation 
 in the county wherein said sale is to be made. 
 
 Sec. 5. The purchase money for each and every person thu^ sold shall be 
 paid by the purchaser to the Financial Agent of the Penitentiary, and out of 
 the proceeds of said sale the SherilT sliall be entitled to receive the same 
 commissions and fees as are bv law alh)>ved in cases of execution, and the 
 balanct', if any, after paying all costs, fees and expenses arising out of the 
 custody, maintenance, advertisement and sale of the persons, after leaving the 
 Penitentiary, shall be by said Financial Agent, paid into the State Treasury. 
 
 Sec G. The Slieriff n\aking a sale of any person under the provisions of 
 this act, shall forthwith thereafter make out in duplicate a full and clear 
 account and statement of such sale under his h:^nd, and return one to the 
 Secretary of State and one to tlie Clerk of the County Court of the county 
 wherein such sale was made, who shall record the same among the proper 
 records of evidences of ownership of slaves. 
 
 Sec. 7. The provisions of the laws of the State authorizing free persons of 
 color to choo-e their masters, or to leave the State, are hereby repealed as to 
 all such persons now in the State, who have invaded the State since the 
 beginning of the present war under the circumstances, or for the purpose 
 specified iu Section 1st, of this act, and such persons shall be c^ealt with in 
 all respects according to the provisions of this act: Prwuled, That it shall 
 not be necessary to have any judicial examination of any such persons as are 
 already coniined in the Penitentiary, but sucb person shall be retained in 
 such coufiuement for the term pre-cribed for otiier cases arising under this 
 act as though they had been originally committed for that period. 
 
 Sec 8. The owner of any slave held in custody under the provisions of 
 this act may reclaim his property as a runaway slave at any time after Baid. 
 
22 
 
 slave has passed into the custody of the State authorities, and before Be has 
 been sold : Provided, That the proceedings for the reclamation of such slave 
 shall be had at t'le cost of the claimant, and before the Chief Justice of the 
 county where said slave may be held in custody at the time said claim is 
 made and be made a matter of record in said County Court, but the r.ght 
 to any person, either slave or free, actually sold as aforesaid, shall be and 
 remain vested in the purchaser under said sale, and the owner of any slave 
 thus sold, shall only, upon proving his property in said slave within three 
 j'ears after said sale, be entitled to receive from the State Treasury the 
 amount paid into said Treasury on account of the sale of said slave. 
 
 Sec. 9. The District Attorney, Sheriff, Clerk, and any other officer whose 
 services may be required in any proceeding arising under the provisions of the 
 2d section, of this act, or who may have already rendered service in any 
 proceeding resulting in the commitment of any person to the Penitentiary as 
 contemplated in the provisions to the 7th Section of this act, shall be allowed 
 the same fees and expenses as are allowed in cases of felon)'. 
 
 Sec. 10. That this act take effect from and after its passage. 
 
 Approved March 6th, 1863. 
 
 CHAPTER XXVIII. 
 
 AN ACT to punish any person or persons who may obtain goods from the State 
 Penitentiary, under false pretences. 
 
 Section 1. Beit enacted by the Legislature of the State of Texas, That if 
 any person or persons, representing themselves as agents for the State of 
 Texas, Confederate Government, widows, soldiers' families, or otherwise, and 
 as such shall obtain goods from the acting agent of the penitentiary, and 
 dispose of the same in any other way than as intimated by them to the said 
 agent at the time of obtaining the same, shall, on convictioTi thereof, in any 
 Court of proper jurisdiction, be condemned to serve, at hard labor, in the 
 State Penitentiary, not less than two nor more than three years for each and 
 everv such offence. 
 
 Approved March 6th, 1863. 
 
 CHAPTER XXIX. 
 
 AN ACT to amend An Act entitled An Act to amend the Sixteenth Section of 
 " An Act to provide for the Assessment and Collection of Taxes, approved Feb. 
 Wth, 1850, aiyproved January Wth, 1862." 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That 
 section sixteen of " An Act r.o provide f )r the assessment and collection of 
 taxes," approved February 11th, 1850, be so amended as hereafter to read as 
 follow:^ : That if any person shall fail of refuse to pay the t;ixes imposed upon 
 him and his property by law, until the 1st day of March next, succeeding the 
 return of the assessment roll of his county, to the Comptroller, the Assessor 
 and Collector shall, by virtue of his tax list, levy upon sn much property 
 lialjle to taxation, belonging to such person, if to be found in his county, as 
 may be sufficient to pay his or her taxes. Provided, hmpever, That if such 
 person, his agent or attorney, shall point out to the Asses-or and Collector 
 sufficient property belonging to the pfirty assessed in said county to pa}' said 
 taxes, then the Assessor and Collector shall levy up:-)n the property as point- 
 ed out, and in case the property levied on is about to he removed out of 
 the county, the Assessor and Collector shall proceed to take possession of so 
 
23 
 
 mucli tbf^reof as will pay the taxes assessed, and costs of collection : Provided , 
 further, That any person Imvinji no real estate, or not a sufRcienoy lln-reof in 
 the county where such assossment is made to pay his or her taxes, and who 
 is about to remove his or her property out of tiic county, after tlie ri-turn of 
 the assessment roll, as aforesaid, and before the time specified by law for the 
 pavmimt of taxes, then, and in that case, it shall be the duty of the Assessor 
 and Collector, by virtue of his tax list, to levy upon and take into his po-.ses- 
 sion so much of the property of such person liable to taxation, as mav be 
 suffii'ient to pay his or her taxes and co.-ts, and the Assessor and Collertor 
 shall be entitled to the same fees as is by law allowed to Sheriffs for similar 
 services. 
 
 Skc. 2. That "An Act to amend the Sixteenth Section of An Act to 
 provide for the assessment and collection of taxes, approved February 11th, 
 1850, approved January 11th, 1862," be and the same is hereby repealed, and 
 this act take effect from and after its passage. 
 
 Approved March 6th, 1863. 
 
 CHAPTER XXX. 
 
 AN ACT to rnithorizc the Treasurer to pay out Confederate Treasury Notes for 
 
 Civil ami Military purposes. 
 
 Section 1. Be it enacted by the Legislature of the S'.ate of Texas, That the 
 Treasurer of the State is hereby authorized to pay out, for civil and military 
 purposes. Confederate Treasury Notes, received and paid into the Trevury 
 from the current revenue of the State, or from other sources. 
 
 Sec. 2. That any law, so far as it conflicts with the provisions of this act, 
 is hereby repealed ; and thi-! act take effect from its passage. 
 
 Approved March 6th, 1863. 
 
 CHAPTER XXXI. 
 
 AN ACT to authorize the Commissioner of the General Land Office to issue to nil 
 
 persons and Corporation's,, such Land Ceitificates as they may be entitled to 
 
 receive vmUr any General or Special Lata of the Stale. 
 
 Sectio\ I. Be it enacted by the L''iyislat.ure of the State of Texas, That, the 
 Commissioner of the General Land Offline be, and he is hereby authorized to 
 issue to all per^^ons and corporations, such land certificites as they may be 
 entitled to under any general or special law of tht State. 
 
 Skc. 2. That this act taiie effect and be in force from and after its 
 passace. 
 
 Apr oved March 6th, 1863. 
 
 CHAPTER XXXII. 
 
 AN AC7 to am^nd an Act to amend an Act amendatorg of tite Laics to raise, 
 reveune by taxation, approved February l6/h, \^bS. and to amend an Act 
 entitled an Act to amend an Act amendatory of the J^mwh to raise revenue by 
 taxation, approved February IGth, 1858, approved April Sth, 1861, ajiproved 
 January \2>th, 1862. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas. That the 
 first section of the above entitled act, approved .January 13fh. 1 862, be fo 
 ame'pdcd a> to hereafter read as follows: There shall be levied and rdllecfed 
 for the use of the State an annual direct ad valorem tax of fifty cents upon 
 each hundred dollars value of property, real and personal, including all cotton. 
 
24 
 
 wlieat, flour, corn, and all otber products of the soil, not in the hands of tlie 
 proiinrer, in this State, except such property as may be exempt by law from 
 taxation, which tax shall include the specific tax of four cents oj> the one 
 hundred dollars provided by law. for the payment of the interest and princi- 
 pal of loan; and chis tax shall be levied and collected on the assessment of 
 extas for 18C3. 
 
 Sec. 2. That the fourth section of said act shall hereafter read as 
 follows: Section 4. That the first section of said act, approved April 8tb, 
 1851, recited in the caption hereof, read as follows: There shall be assessed 
 and collected of each peison, firm, or public corporation, having money, or 
 paper curruncy circulating as money, loaned at interest, buying or selling 
 exchange, or buying or selling rotes of band, and on all money, or paper cur- 
 rency circah\ting as money, hoarded or kept on hand, beyond the sum of two 
 hundred dollars, a tax at the rate of tifcy cents on eacla hundred dollars 
 loaned, hoarded or kept on iiand, and on the amount of capital used for the 
 purchasing of notes or exchange; and any person, firm, or public corporation, 
 having money, or paper currency circulating as money, or hoarded, loaned at 
 interest, or mone}^ or paper currency circulating as money, used in purchasing 
 notes or exchange, or hoarded or kept on hand, beyond the sum of two hun- 
 dred dollars, who shall fail or refuse to give in the same for taxation, shall, 
 upon conviction before any court having competent jurisdiction, forf 'it ten 
 per centum upon the amount of money, or paper currency circulating as 
 money, thus loaned or kept on hand beyond two hundred dollars, or used in 
 purcua>ing 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, vmons or sp'ritnous 
 liquors, when sold in quantities of a quart or more, shall pay a tax of fifty 
 cents on each hundred dollars value of such articles purchased for sale, or 
 received for sale as agent or auctioneer by such person or firm; and it shall 
 be the duty of each Assessor and Collector in this State, once in every three 
 months, or oftener, to call upon such person or firm so occupied or en^;aged in 
 his county for an account of such purchase or consignments, to be made 
 under oath ; and evevy person or firm, when so called upon, who shall fail or 
 refuse to furnish such Assessor and Collector with an account of such purch- 
 ase or consignment, during the term for which the assessment is to be made, 
 shall be liable to a peralty 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 such 
 person or firm from the ad valorem tax levied by this act. 
 
 Skc, 3. This act shall be in force and take effect from and after its 
 passatie. 
 
 Approved March 6tb, 1863. 
 
25 
 
 CHAPTER XXXiri. 
 
 AK ACT suirplemenfnl t > An Act to amend An. Act to amend An Act to amend An 
 Act, ammrlalorij of the Laics to Raise Revenue hy Taxation, approved Eb. IQth, 
 1 858 ; and to amend An Act entitled An Act to amend An Act ainendatwy of 
 the Laies to Raise Revenue hi/ Taxation, approved Feb. I6th, 1858, approved 
 April Sth, 18G1, approved the Clh day of March 1863. 
 
 Si'.CTioN 1. Be it enacted by the Lfgislature of the State of Texas, Tliat the 
 3d section of the above recited act, apiiiuved April 8th, 18(jl, shall hereafter 
 read as follows : 
 
 Sec. 3. That the fith section of said act shall hereafter read as 
 follows: "There shall be asst^ssod and collected of each and every person 
 pur-siiinfr the occupation of hawker, pedhir of goods, or other articles not man- 
 ufactured in the State, an annual diri-ct tax of lilty dollars in each countv in 
 which he mny pursue such occupation ; of each and every person oi iirm 
 keepinfj; a billiard tabic, an annual direct tax of fifty dollars for eT"h table so 
 kept; of each and every person or firni keeping a nine or ten pin alley, ; n an- 
 nual direct tax of forty dollars for each alley so kept ; of each and every 
 person or (irni keeping a hotrl in towns of five hundred inhabitants or less, 
 ten dollars ; in any town with over five hundred and under two thousand 
 inhaliitants, filteen dollars; in any town with over two thousand and under 
 five thousand inhabitants, twenty dollars; in every town with five thousand 
 or over in.iaV'itants, thirt}^ dollars ; on each and every person or firm keefung 
 any le^taurant, cook shop, or eating house, for pay or enioliiuient, fifteen 
 dollars ; on each and every person or firm keeping an^' brewery, twenty dol- 
 lars ; on each and ever}' person or firm keeping any beer shop, in which no 
 vinous or spirituous licpiors are vended, twenty-live dollars ; on each and 
 every person or firm keeping any distiller}' of spirituous liquors, one thousand 
 dollars on each and every stdl used by them in the distillation of an)' spiritu- 
 ous liquors from anj' kind of grain ; on each and every person or firm keeping 
 any storage warehouse, ten dollars; on each and every person or firm engag- 
 ed in re-pressing cotton, twenty-five dollars; on each insurance company, 
 fifty dollars; on each and every pi rson or firm keeping a livery stable, fiiteen 
 dollars; on each and every toll brid£;e or ferr}' ke[)t and used ft)r pa}' as mucli 
 as six mouths in each year, ten dollars; on each and every person enraged 
 in the practice of dentistry, for pay or emolument, ten dolhirs; on each and 
 every person having a fixed annual salary, whether as a public oflicer or by 
 private contract, twenty-five cents on each hundred doUars of such salary 
 over and above five hundred dollars; upon each and every firm or person 
 keej.ing a race track, forty dollars; on each and every person or firm pursu- 
 ing the occupation of real estate broker, ship broker, cotton broker, or any 
 commission business, for each and every such establishment, twenty dollars ; 
 on each pen-on or firm engaged in the business of underwriting, or selling 
 dry good-, groceries, or drugs and jnedicines, ten dollars ; on each and every 
 pawn broker, forty dollars; on each and every person engaged in negro trad- 
 ing, for each negro sold, five dollars. It shall be the d ity of every person or 
 firm engaged in the oecupation of hawker or pedlar, billiard-table keeper, 
 keeper of nine or ten pin alleys, coo^k shop, eating house or restaurant, race 
 track, auctioneer, hotel keej er, pawn broker, or distillery, before entering 
 upon any sucli occupation, to fir-t call upon the .\ssessor and Collector of the 
 county in which he may intend to follow such occupat'on, and pay the tax 
 required, and take a receipt for the same, setting fortii the occupation, and 
 the amount of tax pod, which receipt he shall file with the Clerk of the 
 County Court, who shall thereupon issue to him a license to follow sucU oecu- 
 pation for the term for which the license tax has been paid, and any person 
 
26 
 
 failing to do so shall be required to pay a double tax. It sball be further the 
 dutj' of the Clerk to keep a book, iu which he shall enter ihe names of all 
 persons obtaining a license, vvirli the amount of tax paid, and the date of the 
 license, vvkich book shall at all times be oppn to the in-^pection ot the County 
 Com t, and to all officers, executive and judicial, of his county, a transcript 
 of which book, certified by Uie Chief Justice, and under the seal of the court, 
 lie shall transmit to the Comptroller, on the 1st day of June, in each and 
 every year; fo; which service the Clerk shall be entitled to a fee of one dollar 
 in each case, to be paid by the p^vrty obtaining the license." 
 
 Sec. 2. That this act take effect from and after its passage, and apply to 
 the assessment of taxes for 1863. 
 
 Approved March Gth, 1863. 
 
 CHAPTER XXXIV. 
 
 AN ACT to amend the ninth section of an Act entiled '^ An Act to provide for the 
 
 registration of deeds and other instruments of writ^'ng,^^ approved May \2th, 
 
 1846. 
 
 Section 1. Be it enacted hy the Legislattire of the State of Texas, That the 
 ninth section of the above recjted act shall hereafter read as follows: That 
 when tiie subscribing witnesses to any instrument of writing may be dead, or 
 their place of residence unknown or when they reside out of the State, an 
 affidavit thereof may be made and attached to such instrument; after which 
 it may be proved, for the purpose of being recorded, by the evidence of the 
 hand-writing of the grantor or person who executed such instrument, and at 
 least one ot the subscribing witnesses ; or when the grantor or person who 
 executed such instrument >i'ined by making his mark, by proof of the hand- 
 writing of both the subscribing witnesses; which evidence shall cnrsist of the 
 deposition or affidavit of two or more disinterested person , in writing, at- 
 tached to such instrument ; and the officer taking such proof shall make a 
 certificate thereof, sign, and seal the same with his official seal. 
 
 Sec. 2. That this act take effect and be in force from and after its passage. 
 
 Approved March Gth, 1863. 
 
 CHAPTER XXXV. 
 
 AN ACT to 2)unish persons tolio evade or assist in evading the Conscript Laws 
 of the Confederate States of America. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That any 
 person or persons within this State who shall wilfully discourage any other 
 person or persons who are subject to the Conscript Laws of the Confederate 
 States oi America from enlisting in the military service of the Confedurate 
 States, with intent to evade the Conscript Laws, or who being subject thereto 
 shall himself evade, or aid or as^ist any otiier person fieing subject thereto to 
 evade the operations of said Conscript Laws, shall be guilty of a felony, and 
 on conviction thereof shall be pu.nislied by imprisonment in the Penitentiary 
 for a term not less than two nor more than five years, at the discretion of thejury. 
 
 Sec 2. That any person or persons wl o shall harbor, aid or as~ist any 
 other person or persons who have been enrolled under the Conscript Laws of 
 the Comederate States, in evading or resisting the operation of said laws, 
 shall Ite punished by imprisonment in the Penitentiary for a term not less 
 than «>ne nor more than four years. 
 
 Sec. 3. That if any person or persons who, being liable to be enrolled and 
 
 1 
 
27 
 
 con!=cripted under the said Conscript Law*:, shall bj' misrepresentation, false- 
 hood or fr.^ud, obtain a certificate of exemption therefrom, he shall be deemed 
 guilty cf an offence, and upon conviction tiicreof shall be punished by con- 
 finement in the Penitentiary for a term not less than one uor more than three 
 years. 
 
 Approved March 6th, 18G3. 
 
 CHAPTER XXXVI. 
 
 AN ACT authorizing the releast of securities on the hands of Assessors and' 
 
 Collectors. 
 
 Skcti )n 1. Be it enacted hy the Legislature of the State of Texas^ That the 
 securities upon the bond of any Assessor and Collector of Taxes in tins State, 
 or any one of them, may at any time present a petition to the Chief Justice 
 of the county, prayinp; that such Assessor and Collector may be required to 
 give a new bond, and that he or they nif y be discharged from all liability for 
 the future acts of such Assessor and Collector; whereupon it shall be the 
 duty of said Chief Justice, whether in term-time or vacation, to cause a cita- 
 tion to be issued and served upon such Assessor and Collector, requiring bim 
 to appear on a day named in the citation, which may be in term time or 
 ■vacation, and give a new bond. When such new bond has been required, an 
 order to that effect shad be entered upon the minutes of the County Court, 
 requirins: such Assessor and Collector to give the bond in ten days from the 
 date theieof; and until the new bond is given, the powers of the Assessor 
 and Collector sh;«ll be suspended ; and when the new bond is given, the secu- 
 rities ori ' former bond shall be discharged from further liability thereon. 
 
 t'K'^ 2. That if such Assessor and Collector shall fail to give the now 
 bond r- quirc-d in ten days after tl e order requiring the same, his office 
 shall be vicai>jd, and the vacancy shall be filled as other vacancies in that 
 office. 
 
 Stx. S. That this act shall be in force from and after its passage. 
 
 Approved March 6th, lb6o. 
 
 CHAPTER XXXVII. 
 
 u4N ACT snp2ilsmentary to An Act, entitled An Act to punish speculations in 
 
 certain cases. 
 
 SfCTioN 1. Beit enacted by the Legislature of the State of Texas, That if 
 any person as agent for the family or families of Soldiers of the Confederate 
 States, or of this State, or any other jierson, shall procure from the State 
 Penitentiary any articles manufiicturod therein, and sliall claim for .>.nd 
 appropriate any portion thereof to his individual benefit, upon any pretext 
 whatever, he shall be deemed guilty of a misdemeanor, and, upon conviction 
 thereof, shall be fined in any sum not less than ten nor more than five 
 himdred dollars for each offence. If any Quartermaster or Commissa'-y, or 
 person of tlie 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, sh.all be directly or indirectly interested in the purcliase of 
 such articles by l^imselt or tiirought 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 offendinc: shall bo guiltj' of a 
 felony, and shall be punished by confinement in the Penitentiary, at hard 
 labor, fir not less than two, nor more than ten years. 
 
 Approved March 6th, 1863. 
 
28 
 
 CHAPTER XXXVIII. 
 
 AN ACT appropriating ticenty thousand dollars, or so much thereof as. may he 
 
 necessary fur the re-coveHng or repairing the roofs on the Capitol, the General 
 
 Land Office, the old Land Offi.ce and Treasury buildings. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That the 
 sum of twenty thousand dollars, or so much thereof as may be necessary, be 
 and the .«ame is hereby appropriated to pay for re-covering or repairing the 
 roofs of the Capitol, the General Land Office, the old Land Office, and the 
 Treasury Buildings. 
 
 Sec. 2. That the Board of Commissioners of Public Grounds and Buildings, 
 be, and they are hereby authorized to contract for the re-covering or 
 repairmg the roofs of said buildings with such persons and on such te.'uis as 
 they may think most advantageous to the State. 
 
 Skc. 3 That the contracts entered into with said Commissioners for the 
 re-covering of any ot such buildings, shall require such building to be covered 
 with good, sound heart cedar or red cypress shingles; said shingles to be 
 at least eighteen inches long, not less than tive-eighths of an mch thick and 
 when put upon such roof shall not show more than four inches at the 
 lower end. Said shingles shall not average more than four inches in width. 
 
 Sec. 4. Such work may be let out in one or more contracts; and by «ucb 
 contract or contracts said Commissioners shall not agree to pay more than 
 three-fourths of the price agreed to be paid for the work specified in the same 
 atthe time of the completion of said work, and on the completion of every 
 job of sucli work so contracted for, said Commissioners shall examine the 
 same, and if they find such work well done, they shall i-eceive the same and 
 pay to the contractor doing tliesame tUree-fourths of the price agreed to be 
 given for the same; the remainder of the price agreed to be paid for such 
 work not to be duj until the expiration of twelve months from the comple- 
 tion of such work ; at the expiration of which time it shall be the duty of 
 said Commissioners tore-examine said work, and if they then find the same 
 to be water-tight and the work done in a good and workmanlike manner, 
 they shall pay to such contractor the full amount agreed to bo paid for such 
 work. 
 
 Sec. 5. On entering into contract with any person or persons for the 
 performance of such work, or any part of the same, it shall be the duty of 
 such Commissioners to require of the person or persons agreeing to do such 
 work, a bond, with two or more good and sufficient sureties, which bond 
 shall be taken for double the amount agreed to be paid for the work 
 contracted t j be done ; said bond shall be payable to the State of Texas, and 
 shall be conditioned, that if said work be not done iu accordance with the 
 contract entered into between said Commi.ssioners and such contractor or 
 contractors, and in compliance with the provisions of this act, then such 
 contractor or contractors, and his or their sureties, to be liable upon such 
 bond for all the damages the State may sustain by such failure; said contract 
 and bond both to be filed in the office of the Secretary of State. 
 
 Sec. 6. That neither the receiving of any job of such work by said 
 Commissioners nor the payment b}' them of a part or the entire amount to be 
 paid to the contractors mentioned in this act, shall operate as a discharge of 
 the obligations contained in the bond required to be given ; but said bond 
 shall remain in full force and virtue until the expiration ot three years from 
 the time r^i the completion of tht jub of work mentinoed in said bond. And, 
 if at any time during said period of three years said Commissioners shall 
 ascertain that the job of work mentioned in said bond has not been done 
 in a good and workmanlike manner, and according to contract, they shall 
 
29 
 
 deliver tlie bond of such contractor to the Attorney General and direct iiim 
 to biinpr suit upon the same. 
 
 Sicc 7. That this act take effect from its passage. 
 
 Approved March 6th, 1SG3. 
 
 CHAPTER :JCXXTX. 
 
 AN ACT to provide for electing Senators and Representatives to the 10th Legis- 
 lature, for the year 18G3, in counties occupied hy a public enemy. 
 
 Sfction 1. Be It enacted hy the Legislntvrf of the State of Texas, That in 
 all cases where Senatorial or Rcprosfntntive Districts are, in wholeor in part, 
 occupied by a public enemy so that elections cannot be held in such districts 
 for members of the 10th Lefiislature, aa required by iaw, the legally 
 qualified fflectors of such district or district.s tuay cast their votes at any 
 precinct o>r precincts in the State for a citi/en or citizens of their respective 
 districts for Senators and Representatives to represent them in the 10th 
 Legislature, and the several Chief .Justices of the Counties where such votes 
 Bhall be cast are lif rebj required to certify sufh votes so cast, and return 
 the same to the Secretary of State, specific dlv stating the district for wnich 
 6uch votes weie piven, and whether tor Scnptor or Representative, under 
 the same rep:ulati(ns as are prescribed in other cases; and ti)e pcr>(Ui or 
 persons havinp the hip;liest number of votes for the respective oflloes shall, on 
 producti(m of a certilbate of the fact from the Secietarv of Stite, be eniitled 
 to represent the district for which they are elected in t\ie Senate or Hooae of 
 Representatives (if the 10th Legislature, as the case may be. 
 Approved March Gth, 18G3. 
 
 CHAPTER XL. 
 
 AN ALT to proV'ide necessary assistance for Families and other dependents of 
 
 Officers and Soldiers. 
 
 Section 1 Be it enacted hy the Legislature of the Sta^e of Texas, That each 
 County Court for administrative police in the respective county, is charged 
 with the duty of providing necessary assistance for faniiHes and other dcpen^ 
 dents of ofbcers and soMiers, who have been or may be in the mjlitary ser- 
 vice of the Confederate States of America, or of this .'>tate, during the pendins? 
 war with the United States of America; and tlie court shall conduct this 
 business with appropriate regularity, keeping full rr.inutes of its pro'-eedings 
 in a book, not containing any other matter ; and such book shall be always 
 subject to the inspection of any orderly citizen. 
 
 Sf.c. 2. Such business may be transacted at any regular term of t\ic 
 court, or at any special term which ma}* be ordered by the Chief .Justice, he 
 causing written notice thereof to be given to each Crunty Ctimmissioncr, of 
 left for him at his residence with some member of his family, or posted on hii 
 door, at least five days in advance of the time appointed for such special 
 term. 
 
 Sk.c. 3. Tn such business the Court may obtain money, or other meanPf 
 either by public appropriation or bj' private donation ; and the court may so 
 use any funds which it may now ha;e, or may hereafter acquire, derived 
 from taxation or otl er ordinary source; and the court shall raise funds there- 
 for by extraordinary taxation, as may be proper to supply necessary, assist- 
 ance for the families or individuals to be provided for, so that their person* 
 ahall have suitable subsistence and comfort, and propf^rty in their charge 
 
30 
 
 shall hare prudent management to prevent loss or waste, and to promote 
 appropriate income ; provided such extraordinary taxes shall be collected, «s 
 Heeded, according to the State assessment as it may be trom time to time; 
 and further provided the amount of tax collected shall not exceed the sum of 
 seventy-five cents ou the one hundred dollars. Within ten days after the 
 levy of the tax it shall be the duty of the County Court to report to the 
 Comptrollej of Public Accounts, by certificate under seal of the county, the 
 rate ot taxation so levied by such court ; and on the receipt of such report by 
 the Comptroller, It shall be his duty to notify the Assessor and Collector of 
 eav'h county in the State of the rate of taxation so levied by each of the several 
 Counties so reported to him. 
 
 Sec. 4. In such business the court may administer the means under its 
 control, not only in any mode which may be prescribed by law, but consist- 
 ently therewith, by any other suitable instrumentalities. 
 
 Sec. 5. Should the court fail to perform its duty, and so leave without 
 adequate care any of the foregoing subjects, the District Court and Judge of 
 the n^speciive locality shall have jurisdiction to compel the County Court to 
 perform its duty ; and such jurisdiction may be exercised on the complaint of 
 any person who may present such grievance, whether it be to himself or to 
 any other person or persons for whom the complaint may be made ; provided 
 such control shall not be exercised until at least a n.ajontyof the members 
 of the County Court shall have been cited to appear and answer the com- 
 plaint ; and the citation shall be executed at least ten days before the time for 
 answering ; and the mode of service shall be by giving a copy to the person- 
 or by leaving it at his residence with some member of his family, or posted 
 on his door. 
 
 Sec. 6. This Act shall be cumulative of, and not a repeal of an "Act 
 authorizing the County Courts of the several Counties in this State to lovy 
 and collect a special tax for war purposes on all proj^erty subject to taxation 
 by the State," approve cf January 1st, 1802, but said Act shall be and remain 
 in force. 
 
 tSEc. 7. This Act shall be in force from its passage. 
 
 Approved March Gth, 1863. 
 
 CHAPTER XLl 
 
 AN ACT to supply a deficiency in a certain ajjpropriation for 2>^^?/i'n9 Officers 
 
 and Soldiers of State Troo2)s. 
 
 Section 1. Be it enacted by the Legislature of the Sta,te of Texas, That, in 
 addition to the former appropriation of three hundred thousand dnllais, the 
 further sum of two hundred thousand dollars, or so much thereof as m;»y be 
 necessary, is appropriated out of any money in the Treasury v^' otherwise 
 appropriated, to carry out the provisions of " An Act to provide for au'iiring 
 and settling all claims against the State on account of volunteer companies, 
 ■called out by the Governor or Committee of Safety, and for the delense of 
 the State, and providing payment for the officers and men thereof," approved 
 January 4th, 1862. 
 
 Sec 2. This act shall >e in foico fro^a its passage. 
 
 Approved March Gth, I8G3. 
 
31 
 
 CHAPTER XLII. 
 
 AN ACT to provide for the sale of Lots in the CHy of Austin. 
 
 Section 1. Be it evaded h/ the Legidatnre of the State of Texas, Thzt the 
 Comptroller is authorized aiid required to i<c!l all of the lots in the ciiyof 
 An>iin not heretofore sold by the State, except such as have been reserved 
 for public purposes, not embracing in this exception the lots around tho 
 Capitol grounds that remain unimproved, which are hereby subjected to 
 sales. 
 
 Sec 2. After six weeks notice by piiblic-vtion in one newspaper in each of 
 the cities of Austin, San Antonio and llouhton, the sale shall be made at the 
 Comptrollers oifice, l>y pui'lic a'iction. to ihe highest bidder, for each lot: 
 to be seiierately sobi (■;'• pioi-!}.t j.ajment iii Treasury Warrants of this State. 
 
 Skc. 8. In the discret on of the C«.iniptrollei sale may be made, either of 
 all the lots under one notice, or of portions nndir dillerent notices. 
 
 Si;c. 4. This act sliall be iu force from its pas^sage. 
 
 Approved March Gtli, IfciOS. 
 
 CHAPTER XLIII. 
 
 AN ACT. inaiitng further appropriatiims for the use and support of the Stat4 
 Government, for the years 1802 and 18G3. 
 
 Skction T. Be it enacted hi/ Ihe Legislature of the Sf.a'c of Texa,s, That the 
 following sums be, and they are hereby' approj riated for the use and support 
 of the State Government for the years 1^02 and l^Go, in addition to the sunas 
 »p|iropriated iy the act approved Januarj- l3th, 1862: 
 
 For tiie support of the Lunatic Asylum, $510,000 00 
 
 Expenses incui led undei- the provi>iuns (.fan act providing 
 
 lor disposition tif runaway slaves, approved April 8, '61, 2,000 00 
 
 For purcba-*e of fire-wood and stationery, and for .itting up 
 
 the Uapitol for the next Legi-biture. and for taking care 
 
 of the Otipitol, and forrepairing and taking care of the 
 
 1 urn it II re, 3,000 00 
 
 For extra clerk hire in State Department, in addition to • 
 
 lonner appro; riation, 500 00 
 
 For wood and porter hire in State Doparnient 2U0 00 
 
 Forudditional appropriation to Secretary of State, for pos- 
 tage, 100 00 
 For stationery to Secretary of State, additional, 300 00 
 Foradditional appropriation for Adjutant General's Office 
 
 for wood and porters. 100 00 
 
 For additiLMial appropriation for same, for postage, 150 00 
 
 For Jiddiiionil appioj^'iation tor same, for stationery, 300 00 
 
 To pav the salaries of Librari.ius of the Supreme Court at 
 
 Galveston Tyler at.d Austin, 900 00 
 
 Fo ).>-r;>^e lor Executive D.partinent, 300 00 
 
 For siaionerv, 800 00 
 
 F.r p..>r...^e, for Comptroller's Omce, 800 00 
 
 For r^taticnery 1,000 00 
 
 F •! 1, I'lvinsr defieiencv in tlie onnropriation for taking 
 
 s ..l.Jsticcei.Mis fo. 1862:u.d lb'63. 800 00 
 
 Ariiri 1 claim ol J. W. Magoffin, as allowed by S. A. 
 
 A' iverick, Thos. J. Ue>iiie pj\d P. W. Luckett, to be au- 
 
 Uiied ui'd allowed by the Comptr«^ller, on the Certificate 
 
32 
 
 signed by them on tbe 3d December, 18G2. 6,345 60 
 
 Ponton of Cynthia Ann Parker, for the years 1862— '63 200 00 
 
 Sec. 2. That this act take eflect from and after ita 
 passage 
 Approved March Gth, 1863. 
 
 CHAPTER LXTV. 
 
 AN ACT to amend the 2d section of and supplementary to an Ad to perfect the 
 
 organization of the State Troops^ and place the same on a toar footing^" ap' 
 
 proved Dec. 25th, ISGl. 
 
 Section 1, Be it enacted bi/ the Leg IslaMre of the State of Texas, That tbe 
 second section of the act recited above shall hereafter read aa follovv's, viz : 
 
 All officers, State and County, of the State of Texas, except Coroners, Justices 
 of the Peace, Constables and Notaries Public, and all officers of the Confed- 
 erate States, including such clerks and emoloyeea as they by law are entitled 
 to ; officers, clerks, directory and guards of the Penitentiary ; superintendents 
 and teachers in the deaf and dumb, blind and lunatic asylums ; professors and 
 teachers of schools and academies having as many as twenty or more scliolars 5 
 one captain, two pilots and two enginocers to each steamboat actually in the 
 service of the State or of the Confederate States; telegraphic operators, actual- 
 ly engaged as such ; one apothecar}' for each apothecary store actually engag- 
 ed in business; presidents, secretaries, superintendents, engineers, conductors 
 and road masters of railroads ; mail contractors and carriers; ferrymen On 
 public roads; mechanics actually engaged in the manufacture of spinning 
 Jennies or cotton cards; persons having substitutes in the army of the Con- 
 federate States who were exempt from military service to the State of Texas ; 
 licensed niini.sters cf the Gospel, and such millers as may be necessary to each 
 steam or water mill that grinds for the public, and as many engineers as may 
 be necessary for such steam mill in actual operation, shall be exempt from 
 iniltary service to the State of Texas as prescribed by this act. 
 
 Sec 2. That during any invasion, insurrection or rebellion, whenever in 
 the opinion of the Governor the interest of the State demands that tlie State 
 Troops, or*ny portion of them, should be called into service, or whenever 
 the President of the Confederate States sball call upon the Governor of this 
 State to furnish an additional quota of soldiers for the prosecution of the 
 present war, or upon a call upon the Governor by the General Commanding 
 this department, the Governor shall, by proclamation, order into camp, f:.om 
 any one or more brigades, a sufficient number of troops to fill such requisi- 
 tion, or to quiet such rebellion, or insui rection, in the following maimer, to- 
 Wit : He shall order the Brig. Generals of such brigades as to him may seem 
 proper, to cause each Captain within his brigade to muster his company on 
 any designated day, and cause the names of each and every commissioned, 
 non-commissioned officer and private to be placed in a hat or box, and the 
 proportion of said com.panies a,s may be ordered by the Brigadier General 
 shall be drawn by the Captain, or any person whom he may designate, from 
 the hat or box, and such persons as are drav/n, shall immediately repair to 
 the camp designated by the Governor, or Brigadier General. And it shall 
 be the duty of the Brigadier General to proceed, immediately, to organize the 
 troops drawn into service, within his brigade, into companies of not less than 
 pixty-four, rank and file, and officered as is required by^ the laws of the Con- 
 federate States ; and when so officered, may be transferred, by the Governor, 
 into the service of the Confederate States, for a period of not more than 
 twelve months, and shall not, by any commander, be carried beyond the lira- 
 
33 
 
 its of the State of Texas. And the Brigadier Oeneral shall, upon the orcmi- 
 zation of such companies, forward a muster roll of each company to the Adju- 
 tant and Inspector General for preservation— provided, any citizen may have 
 the privilege of volunteering if he desires. 
 
 Sec. 3. That Company, battalion and regimental drill is suspended durine 
 the continuance of the present war. ° 
 
 Sec. 4. That Enrolling ofScers, whilst engaged as such, shall be entitled to 
 tne pay as 2d Lieut, of Cavalry, to be paid out of the Treasury of tbe State 
 the same to be approved by the Brigadier General Commanding the brigade ' 
 and that this act be m force from and after its passase ' 
 
 Passed March 7th, 18G3. " 
 
JOIIS'T KESOLUTIOISrS. 
 
 CHAPTER I. 
 
 JOINT RESOLUTION^ in relation to an Express between the Mississippi and 
 
 Rio Grande Rivers, 
 ' Whereas, The occupation of the Lower Mississippi by the enemy, and the 
 peculiar condition of Texas, in consequence of the war, make it impossible, by 
 the ordinary mails, to obtain the needful, early and reliable information from 
 Richmond and the Stales East of the Mississippi River : And, Whereas, it is 
 of the greatest importance, that during the war, rapid and correct informa- 
 tion should be had between our posts on the Rio Grande and Richmond, 
 through some point on the Mississippi — Therefore, 
 
 Be it Resolved hy the Legislature of the State of Texas, That the Hon. Post- 
 master General be, and he is hereby requested, under authority of the Con- 
 federate States, to contract with some suitable person or persons to run a 
 Pony Express, during the war, between Brownsville, on the Rio Grande, via 
 San Antonio and Houston, to some safe point on the Mississippi, and back 
 again, twice a week, the trips to be made, each way, in five days, if practica- 
 ble, to carry letters only, and at such rates of postage as may be deemed 
 right and proper by the Post Master General. 
 
 Approved February 9th, 1863. 
 
 CHAPTER IT. 
 JOINT RESOLUTION, 
 
 Section 1. Be it Resolved, hy the Legislature of the State of Texas, That the 
 people of Texas, acknowledging with heartfelt gratitude the favor of God in 
 the briiliant achievements of our Confederate armies, do hereby, formally ?nd 
 sincerely, tender to the Officers and Privates in the Military Service of the 
 country, from the State of Texas, the thanks and praises they have so justly 
 merited, by their self-sacrificing devotion to their country, and their many 
 deeds of valor upon every battle-field of the Confederacy. 
 
 In the niime of a gallant State and a gallant people we thank you. In 
 the name of your mothers, your wives, and your sisters, we thank you for j our 
 gallant deeds. 
 
 You have won for yourselves imperishable renown. You have won for your 
 State the highest honors. 
 
 Sec. 2. Resolved, That while our brave troops are battling so gloriously 
 for the dearest interests of our people, we recognize it as a sacred obligation 
 to provide for their comfort, and to support and cherish their families at 
 home. 
 
 Sec. 3. Resolved, That the faith of the State of Texas is hereby pledged 
 to our soldiers in the field, that their families shall be nourished and supported 
 during the war. 
 
35 
 
 Sec. 4. Resolved, That the Governor be instructed to have a copy of this 
 rosolution transmitted to every Texas regiment now in ths service, with the 
 request that it may be read out to every company. 
 
 Approved February 2l£t, 1SC3. 
 
 CHAPTER HI. 
 JOINT RESOLUTION, in relation to the Indehbedn&ss of the Confederate Slates. 
 
 Whereas, The Legislature of the State of Texas considers the faith of the 
 Confederate States fully and sacredly pledged to the payment of all indebted- 
 ness which has been or may be incurred by the Confederate States, during 
 the war between said Confederacy and the United States of America, and that 
 should any State composing said Confederacy withdraw thcxefrom, from any 
 cause, before the p.ayment of such indebtedness shall have been fully com- 
 pleted, such withdrawing State will be bound to the payment of her ;>ro rata 
 portion of such remaining indebtedness — Therefore, 
 
 Section 1. Be it Rvsuh^ed hy the Legislature of the State of 2ea;as, That 
 should the State of Texas, from any cause, witiidraw from hei association as a 
 member of the Confederate States, before the indebtedncf^s of said Ccnfeder- 
 ate States is fully pa:d, the laith of the State is hereby pledged to the pay- 
 ment of her pro rata portion of such remaining indebtedness, to whoever the 
 same may be due. 
 
 Sec. 2. That the Governor of tlie State transmit to the President of the 
 Confederate States, and to the Governor of each of said States, a certified 
 copy of this resolution. 
 
 Approved February 27th, 1863. 
 
 CHAPTER IV. 
 JOINT RESOLUTION, in relation to PMic Printing. 
 
 Section 1. Be it Resolved by the Legislature of the :^!ate of Texas, That dur- 
 ing the continuance of the war between the Confederate States and the 
 United States, the Secretary of State, Comptroller and Treasurer, or a ma- 
 jority of them, are required to procure to be done, all such printing as may 
 be necessary fur the use of the State, under existing laws ; and, in so doing, 
 they shall be governed as nearlj- as may be b}' the existing laws regulating 
 the public printing, but may depart tlierefrom as to prices to be paid, and 
 other matters, so far as may be necessary, in order to accomplish said object. 
 
 Sec 2. This Joint Resolution shall be in force from and after its passage. 
 
 Approved Marcu Cth, 1803. 
 
 CHAPTER V. 
 JOINT RESOLUTION, concerning certain Salines. 
 
 Resolved, That the Military Board be instructed to enquire into the expe- 
 diency of working certain Salines and salt works near Double Mountains, on 
 the North-western frontier of this Slate ; and, tliat should they deem the 
 enterprise expedient, they will immediately take such measures as may be 
 necessary for working the same, under the supervision of State authority ; 
 and that the sum of five thousand dollars, or so much thereof as may be 
 necessary, be appropriated out of anj' funds in thfe Trea.-ur)', not otber- 
 wif-e appropriated, for the purpose of putting the same in successful operation. 
 
 Approved March 0th, IbCo. .iu.'..;- 
 
36 
 
 CHAPTER VI. 
 
 JOINT RESOL UTION, in response to Joint Resolution of the General Assernhly 
 
 of the State of Florida, approved December llth, 1862. ■ 
 
 Whereas, "With nations as with individuals, the consciousness of sym- 
 pathy and support strengthens and encourages them in the struggle, in the 
 onward path of duty, against difficulty and danger, and operates as an incen- 
 tive to renewed exertion — Therefore, 
 
 Resolved, 1. That the people of Texas fully appreciate the pledge of sym- 
 pathy and assistance tendered by the General Assembly of the State of 
 Florida to her sister States of the Confederacy, by joint resolution, approv- 
 ed Dec?. 11th, 1862. That from the acknowledged gallantry of the people of 
 that State, nothing less could have been expected — more it would not be 
 possible for them to offer. 
 
 Resolved 2. That while the people of Texas cannot hope to surpass the 
 devotion to a common cause manifested by their gallant compatriots of 
 Florida, they trust that when the history of the present war has been written, 
 it will show that Texans have stood shoulder to shoulder with the people of 
 any State of this Confederacy, in battling for their rights, to sustain which 
 they'tnutually stand pledged. 
 
 Resolved 3. That we reiterate the sentiments contained in joint resolution 
 of this body, approved January 13th, 1862, pledging Texas to the devotion 
 ol her every energy to the prosecution of the present war until its suc- 
 cessful termination in a peace, concluded upon the basis of the unqualified 
 recognition of the independence of the ('onfederate States. 
 
 Resolved 4. That the Governor of this State be requested to forward a copy 
 of these resolutions to the Governor of the State of Florida. 
 
 Approved March 6th, 1863. 
 
 CHAPTER VII. 
 JOINT RESOLUTION, concerning Retaliation.. 
 
 Resolved by the Legislature of the State of Texas, That we heartily approve 
 of the proclamation of the President of the Confederate States, to retaliate 
 for the iniquities of Gen. Butler, (better known as Butler the Beast,) in the 
 State of Louisiana, as well as his retaliation proclamation against General 
 McNeill, for the murder of citizens in the State of Missouri, and we trust 
 that retaliation will be strictly and rigidly practiced by our government in 
 all such cases of outrage, and we pledge the people of this State to sustain 
 the President of the Confederate States in all his measures of retaliation 
 against those who outrage humanity by such an utter disregard of the rules 
 of civilized warfare. 
 
 Resolved, That the Governor of this State transmit a copy of this resolution 
 to our members in Congress, and that they lay it before the President. 
 
 Approved March 6th, 1863. 
 
 CHAPTER VIII. 
 
 JOINT RESOLUTION j^roviding for the payment of the expenses of the inves- 
 tigation , hy the Joint Committee of Both Hotises, of the condition of the Peni- 
 tentiary. 
 
 Be it Resolved hy the Legislature of the State of Texo^, That the members of 
 the Joint Committee raised at this Session of the Legislature to examine the 
 condition of the Penitentiary shall be entitled to the same nulage in travel- 
 
37 
 
 ing to and from Huntsville as members of tlie Legislature in traveling to 
 and from the Legislature, and the same per diem pay tvhile there discharging 
 their duties as members of the Legislature : and the Chairman of the Com- 
 mittee shall be authorized to give certificates of milage and per diem to the 
 members of the Committee, and for all other expenses nfcessarilj- incurfed 
 in the progress of their investigations, and the Comptroller shall draw his 
 warrant upon the Treasurer for such amounts as sIj.lII appear to be due oa 
 such certificates, to be paid out of the contingent fund oi this Legislature, 
 and the Committee shall have authority fo adjourn at the close of "the pres- 
 ent Session to meet for the discharge of their duties at Uuntsville on the Glh 
 of April next. 
 
 Approved, March G, 1SG3. 
 
 CHAPTER IX. 
 
 JOINT RESOLUTION, requesting His E.cceUenctj, the Governor, to disband 
 
 all military organizations knoicn as the Coast Guurds or Sjjy Compa.nits. 
 
 Skction \. Be it Resolved by the Legislature of the State of Texas, That it 
 is the opinion of this body that the necessities which may have justiticd such 
 military organizations, as above indicated, have ceased to exist, having been 
 fully covered by a prudent and competent Confederate force, which''can per- 
 form all the services which was contemplated to be performed b}- sa'd com- 
 panies. 
 
 Sec. 2. It is further Resolved, That in the opinion of this body, his Excel- 
 lency would be acting in compliance with the wishes of a largo mnjurity of 
 the citizens living within the counties in which those organizations have been 
 made, tiiat they be forthwith disbanded and ordered to be enrolled among 
 the militia within their respective brigades. 
 
 Pas'^ed March 7th, 18G3. 
 
 CHAPTER X. 
 
 JOINT RESOLUTION, m regard to Trade. 
 
 Sec. L Resolved, That the power to regulate commerce is, by the Constitu- 
 tion of the Confederate States, vested in Congress: and that the power 
 assumed by the military authorities of this department, to alluw, control and 
 prohibit the exportation and transportion of cotton, is unwarranted in law, is 
 an encroachment upon the rights of the peojile and upon the power of Con- 
 gress, and is an exercise of power which Congress itself has refused to exer- 
 cise by act approved 21st May, 18G1, and which tends to the impuvcrishnient 
 of one portion of the people, and to the aggrandizement and corruption of 
 another, and to expel the planter and lawful trader from the market, to cre- 
 ate monopolies, and to cause scarcity of supplies and consequent high prices. 
 Sec. 2. That our Senators in Congress be instructed and uur Representatives 
 requested to see that the R'O Grande trade is not unlawfully closed or oo- 
 structed and that such regulations be prescribed to the officers of custom* as 
 may be necessary to secure to the people the benefits of said trade .and a 
 return of supplies and that the Governor forward a copy of these Resolutions 
 to our Senators and Representatives in Congress. 
 Passed March 7th, 1803. 
 
INDEX TO THE GENERAL LAWS. 
 
 A. 
 
 Aprr.orRiATioNS. Paof 
 
 contingent expenses extra session, IX Legislature, 7 
 
 per diem and mileage, extra session, IX Locislature, 7 
 
 for the relief of sick and wounded Texan soldiers, U 
 to defray th.> expenses of tlie State troops, called out bv Gon. 
 
 Hudson, ■ jg 
 
 to re-corer certain puMic buildings, 28 
 to supply a deficiency, for the pay of officers and soldiers, Texas 
 
 State troops, 30 
 
 for support of State government, for 2 rears, 18(52 and 1803, 31 
 
 A:>y[NI.STRATOR's AND ExEn.TOR's. 
 
 see "estates of deceased persons," 
 A&!Sf:«s<oR AND Collector. 
 
 securities on bonds of to be released, 27 
 
 Ar.sriN City. 
 
 providing for the sale of public lots therein, 81 
 
 Amtn Oat?!.. 
 
 persons taking it excluded from office, serving on juries, kc. 12 
 
 B 
 Ba;l. 
 
 in ca.'e.s of felony, to be given in open court, Ig 
 
 if court is not in session, to be taken bv the sheriff, 18 
 
 BuiKco County. 
 
 see " counties," 
 
 C 
 
 Counties. 
 
 regulating judicial proceedings in counties in possession of, or 
 
 endangered by the enemy, S 
 
 Blanco county attached to 4tli Judicial District, 7 
 
 Kendall " " " " " " 7 
 
 providing for the election of members of the X Legislature, 
 
 from counties possessed bv the enemy, 29 
 
 CoiN'TY Clerk. 
 
 duties concerning Notaries Piiblic, 14 
 
 Chikf Justices. 
 
 duties further defined concerning elections, 16 
 
 CoiTNTY Courts. 
 
 regnlating proceedings therein, relative to the estates of deceased 
 
 persons, 5 
 
 may levy a specific tax, 29 
 
 records of, when a county is in posseseiion of the enemy, to be 
 
40 
 
 Page. 
 
 removed and proceedings to be had in an adjoining 
 county, 3 
 
 Counterfeiting. 
 
 parties may be prosecuted where the offence was committed, or 
 
 the coin passed, • 18 
 
 Cattle. 
 
 to regulate the sale of beef cattle,. • 10 
 
 Code. 
 
 penal, inciting insurrection among slaves, by public enemy, 13 
 
 articles 34, 349 and 745 A, amended, and article 669 A, added, 12 
 
 of criminal procedure, articles 156, 190 A, 280, 644 and 960 
 
 amended, 18 
 
 district attorney to attend the trial of habeas corpus cases, 18 
 
 fee for such attendance, ♦ 18 
 
 when abpent the judge shall appoint a person to represent the 
 State, 
 Color, Free Persons of 
 
 to provide against a hostile invasion of the State, by 
 Conscript Acts. 
 
 punishing persons evading, or assisting in evading, 
 Confederate States. 
 
 joint resolution in relation to the indebtedness of, 
 Confederate Treasury Notes. 
 
 see " Treasurer," 
 Coast Guards. 
 
 joint resolution recommending the disbanding of, 
 
 3D 
 
 District Court. 
 
 proceedings of, in counties pos.sessed by the enemy, 
 time of holding, in the 4th District changed, 
 records of, where a county is in possession of the enemy, to be 
 removed to an adjoining county, 
 District Attorney. 
 
 see " code of criminal procedure," 
 ■ Domain Public. 
 
 price of, fixed, 
 Deeds, &c. 
 
 of trust, property sold under, to bring 9-10tb3 of its appraised 
 
 value, 
 registration of, 
 
 Elections. 
 
 laws amended. 
 Estates of Deceased Persons. 
 
 laws concerning, amended, 
 
 executors and administrators may qualify before the clerk, or 
 any county officer, 
 
 claims against the estate to be presented within 12 months, ex- 
 cluding the time of the executor's or administrator's ab- 
 sence from the State, 
 Evidence. 
 
 law of, in criminal cases amended. 
 Enrolling Officers. 
 
 see State troops, 
 Execution. 
 
 property sold under, to bring 9-lOths of its appraised value, 
 
41 
 
 Express. Page. 
 
 joint rp=olu1ion recommending, between the Rio Grande and t'le 
 Mississippi rivers, 
 
 Frontier Regiment. 
 
 law creating it, amended, 
 Forgery. ^ 
 
 party may be prosecuted where the offense was committed or 
 
 the paper altered, ' , „ 
 
 Florida. ^^ 
 
 joint resolution in response to the general assembly of ag 
 
 Hospital Fdnp. 
 
 appropriation for, ,, 
 
 provided against, 2o 
 
 Insurrection. 
 
 Invasion bt " Persons of Color. 
 provided again 
 I. 
 see "slaves," 
 
 J" 
 
 JCDGMENT. 
 
 to be rendered in certain cases, ^ 
 
 k: 
 
 Kendall County. 
 
 sec "counties," 
 
 IL, 
 Legislature, the 10th. 
 
 providing for the election of members, from counties possessed 
 
 by the enemy, 2fi 
 
 Limitation, Statutes of. 
 
 suspended during the war, except in cases of assault and bat- 
 
 tery, &c., 6 
 
 Land Office. 
 
 price of domain regulated, and commissioner to issue certificates 11 
 commissioner to issue certificates to certain persons, ' 23 
 
 Notaries Public. 
 
 laws defining the office, and duties of, amended, 14 
 
 O 
 
 Officers. 
 
 death or rcs^ignation of to be certified to Secretary of 
 
 State by chief justice. ' 16 
 
 Public Domain. 
 
 regulating the price of, H 
 
 Penal Code. 
 
 see "code," 12 
 
 Public Enemy. 
 
 inciting insurrection among slaves, penaltr, 13 
 
 persons giving aid and comfort to, excluded from serving 
 
 on juries &c., 12 
 
 sales made by to be void 15 
 
 D 
 
42 
 
 Pagb. 
 
 Perjury on false Swearing. 
 
 parties raaj' be prosecuted where the offence was committed or 
 
 the false statement used, 18 
 
 Penitentiary. 
 
 punishing those obtaining goods therefrom under false pre- 
 tences, 22- 
 financial agent permitted to purchase machinery, 18 
 regulating the distribution of cloth manufactured, 20 
 joint resolution providing for the payment of the investigating 
 
 committee, 36 
 
 PcBLic Buildings. 
 
 certain ones to be recovered, 28 
 
 Public Printing. 
 
 joint resolution concerning, , 35 
 
 Quartermasters and Commissaries. 
 
 see " speculation " 2 
 
 Retaliation. 
 
 joint resolution concerning 86 
 
 Records. 
 
 see "district and " county court" 
 S 
 Sheriff. 
 
 may take bail in certain cases of felony, 18 
 
 compensation for employing guard and supporting prisoners, 19 
 
 Securities of Assesssors Bonus. 
 
 securities on assessors bonds, providing for their release 2*7 
 
 Supreme Court. 
 
 Galveston spring term to be held in Austin, 8 
 
 Surveyors County. 
 
 to prescribe the residence of, ' 3 
 
 Slaves, 
 
 defining the offence of incitiiig insurrection among, 18 
 
 persons proliibited from giving or selling weapons to, 12 
 
 punnishraent of those aiding and assisting the public enemy, 20 
 
 Stray Laws. 
 
 operations suspended during the present war, 6 
 
 vicious animals may be strayed, 6 
 
 Speculation. 
 
 to provde for the punishment of, in certain cases, 27 
 
 Specie. 
 
 Soldiers. 
 
 to be provided to pay the specie tax, 8 
 
 for the relief of sick and wounded, 11 
 
 to support the families of, 13 
 
 families and dependents of, further provided for and assisted, 29 
 
 joint resolution of thanks to, 34 
 
 State Teoops. 
 
 to defray the expenses of those called out by Gen. Hudson, 15 
 
 jaet to perfect the organization of, amended 32 
 who exempt from military duty. Governor may order a draft 
 
 and how, 32 
 
 regimental battallion and company drill suspended, 32 
 
 .eatolljng officers to receive the pay of a Lieutenant of cavalry, 32 
 
 Salines. 
 
 joint resolution concerning, 35 
 
43 
 
 Pabb. 
 
 Taxes. 
 
 Taxatiox. 
 Treasurkr. 
 
 TllADE. 
 
 ■Witnesses. 
 
 22 
 8 
 
 assessment and collection of, 
 
 law relative .o specie tax amended, % 
 
 law to raise revenue by, amended, 23 05 
 
 authorized to pay out C. S. treasury notes for civil and military 
 
 purposes, 
 joint resolution in regard to, 
 
 who incompetent, 
 
 23 
 37 
 
 18 
 

 •' .,• •■■ ■ ■•V*'!'- 
 
 '^