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Chapter_919-1176.xml
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<text xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xsi:schemaLocation="http://www.tei-c.org/ns/1.0 UNTtite%20(1.3).xsd" xmlns="http://www.tei-c.org/ns/1.0" xml:id="TEI">
<body>
<pb n="919" ed="gammelslawsoftexas" /><pb ed="unknown" n="1" />
<div1 type="article">
<head type="main">GENERAL LAWS <lb/>OF THE <lb/>STATE OF TEXAS <lb/>PASSED BY THE <lb/>ELEVENTH LEGISLATURE.</head>
<byline>BY AUTHORITY</byline>
<byline>AUSTIN 1866</byline>
<pb n="920" ed="gammelslawsoftexas" /><pb ed="unknown" n="2" />
<pb n="921" ed="gammelslawsoftexas" /><pb ed="unknown" n="3" />
<div2 type="act">
<head type="main">CHAPTER I.</head>
<opener>
<salute>An. Act making an Appropriation for the Mileage and per diem pay of the Members, and the per diem pay of the Officers of the Eleventh Legislature of the State of Texas.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of eighty thousand dollars, in United States cur<pc force="weak">-</pc><lb break="no" />rency, or so much thereof as may be necessary, be and the same is hereby appropriated, out of any money in the Treasury, not other<pc force="weak">-</pc><lb break="no" />wise appropriated, for the mileage and per diem pay of the mem<pc force="weak">-</pc><lb break="no" />bers, and the per diem pay of the officers of the Eleventh Legisla<pc force="weak">-</pc><lb break="no" />ture of the State of Texas.</p>
<p>Sec. 2. That the certificate of the Secretary of the Senate, or the Chief Clerk of the House, shall be sufficient evidence to the Comp<pc force="weak">-</pc><lb break="no" />troller, upon which he shall audit the claims, and draw his Warrants upon the Treasurer for the respective amounts, and this Act shall take effect from its passage.</p>
<closer>
<dateline>Approved <date>August 23d, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER II.</head>
<opener>
<salute>An Act to authorize the transcript of the Records of the County Court of Bowie County.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the County Court of Bowie county be, and they are hereby authorized to have transcribed, from the original books now in the office of the County Clerk’s office of said <pb n="922" ed="gammelslawsoftexas" /><pb ed="unknown" n="4" /><fw type="header" place="top">Laws of the State of Texas.</fw>county, so much of the records thereof as they may deem proper; and that the said transcript, when so made by the order of said County Court, be as legal and valid in all respects as the matter con<pc force="weak">-</pc><lb break="no" />tained in the original books.</p>
<p>Sec. 2. That the said. County Court are authorized to cause to be paid to the County Clerk of said county, a sum not to exceed twenty cents per hundred words for said transcript so ordered; said amount to be paid by said county.</p>
<p>Sec. 3. And that this Act take effect from and after its passage.</p>
<closer>
<dateline>Approved <date>August 30th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER III.</head>
<opener>
<salute>An Act to authorize the Treasurer of the State to receipt for Funds now in the Treasury, and to dispose of the same.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That M. H. Royston, Treasurer of the State of Texas, be, and he is hereby authorized to receipt in full to Samuel Harris, former Pro<pc force="weak">-</pc><lb break="no" />visional Treasurer of said State, for the sums of four hundred and ten dollars, supposed to be counterfeit United States currency, and for sixty-two dollars Louisiana and South Carolina bank bills, and two hundred and one Mexican and South American doubloons, taken at $15 60.</p>
<p>Sec. 2. Be it further enacted, That said Royston, Treasurer as aforesaid, be, and he is hereby authorized to dispose of said bank bills in such manner as to him may seem best for the interest of the State.</p>
<p>Sec. 3. That this Act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>August 31st, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER IV.</head>
<opener>
<salute>An Act to establish the mileage of Assessors and Collectors.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That hereafter the assessors and collectors of the State taxes shall be allowed the sum of twenty cents, in United States <pb n="923" ed="gammelslawsoftexas" /><pb ed="unknown" n="5" /><fw type="header" place="top">Laws of the State of Texas.</fw>currency, for every mile traveled by them in going to, and return<pc force="weak">-</pc><lb break="no" />ing from the seat of Government, in the settlement of their ac<pc force="weak">-</pc><lb break="no" />counts with the Comptroller.</p>
<p>Sec. 2. That this Act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>August 31st, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER V.</head>
<opener>
<salute>An Act authorizing the State Treasurer to employ an extra Clerk for the term of six months.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the Treasurer is hereby authorized to employ an extra clerk for the term of six months, to assist in dispatching the business of the office, which, at this time, is unusually heavy; and that the sum of six hundred dollars in currency, or so much thereof as may be necessary, be, and the same is hereby appropriated to pay the ser<pc force="weak">-</pc><lb break="no" />vices of said extra clerk.</p>
<p>Sec. 2. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>September 4th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER VI.</head>
<opener>
<salute>An Act, making an Appropriation to defray the Contingent Ex<pc force="weak">-</pc><lb break="no" />penses of the Eleventh Legislature.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of fifteen thousand dollars, or so much thereof as may be required, be, and the same is hereby appro<pc force="weak">-</pc><lb break="no" />priated out of any unappropriated funds in the Treasury to defray the expenses of the Eleventh Legislature; and that the certificates of the Secretary of the Senate and Chief Clerk of the House of Representatives to the correctness of, and the approval of the Chairman of Contingent Expenses Commit<pc force="weak">-</pc><lb break="no" />tees of the Senate and House to the respective accounts against the two Houses, shall be sufficient authority for the Comptroller to <pb n="924" ed="gammelslawsoftexas" /><pb ed="unknown" n="6" /><fw type="header" place="top">Laws of the State of Texas.</fw>draw his Warrant upon the Treasurer for the several amounts charged against said fund.</p>
<p>Sec. 2. That this Act take effect from its passage.</p>
<closer>
<dateline>Approved <date>September 4th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER VII.</head>
<opener>
<salute>An Act to make an appropriation to pay the Funeral expenses of the Hon. J. W. Guinn, deceased.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of two hundred dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated out of any funds in the State Treasury, not otherwise appropriated, for the purpose of defraying the funeral expenses of the Hon. J. W. Guinn, deceased; and that the Secretary of the Senate is hereby authorized and required to draw upon the State Treasury for a sufficient amount of money to pay said expenses, and to settle the same.</p>
<p>Sec. 2. That this Act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>September 4th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER VIII.</head>
<opener>
<salute>An Act to legalize the acts of all the Officers appointed by the Pro<pc force="weak">-</pc><lb break="no" />visional Governor of the State, or elected under the present Con<pc force="weak">-</pc><lb break="no" />stitution and Laws, on the 25th day of June, 1866.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the official acts of all officers appointed by the Provisional Governor, or elected under the present Constitution and laws on the 25th day of June, 1866, done in conformity with the laws in force at the time of such acts, are hereby declared to be legal and valid: Provided, that no office shall be held to be vacant by reason of the person elected at said election having failed to qualify within the time prescribed by law.</p>
<p>Sec. 2. Be it further enacted, That this Act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>September 6th, 1866</date>.</dateline>
</closer>
</div2>
<pb n="925" ed="gammelslawsoftexas" /><pb ed="unknown" n="7" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER IX.</head>
<opener>
<salute>An Act making an Appropriation for Repairing and Refurnishing the Executive Mansion.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of Eight Thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated for repairing and painting the roof, repainting the wooden surfaces, exterior and interior, and for refurnishing completely the Governor’s Mansion, and improving the grounds.</p>
<p>Sec. 2. Be it further enacted, That said sum be drawn by, and expended under the supervision of the Secretary of State; and he is hereby directed and required immediately to contract for said re<pc force="weak">-</pc><lb break="no" />pairs with the lowest bidder, requiring bonds, with approved se<pc force="weak">-</pc><lb break="no" />curity, for the faithful performance of the contracts, and the com<pc force="weak">-</pc><lb break="no" />pletion of the same within three months from the date thereof: Provided, that seperate contracts shall be made for repairing, paint<pc force="weak">-</pc><lb break="no" />ing and furnishing: Provided, the work be let out to the lowest bidder, after published proposals in the State Gazette, in the city of Austin.</p>
<p>Sec. 3. Be it further enacted, That this Act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>September 6th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER X.</head>
<opener>
<salute>An Act apportioning the State into Congressional Districts, and providing for the election of members to the Congress of the United States:</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the State be, and is hereby divided into Congressional Dis<pc force="weak">-</pc><lb break="no" />tricts, as follows:</p>
<p>I. The territory comprised within the limits of the following named counties shall compose the first Congressional District of the State of Texas, and shall elect one representative to the Con<pc force="weak">-</pc><lb break="no" />gress of the United States, to-wit: Chambers, Jefferson, Orange, Hardin, Liberty, Polk, Tyler, Jasper, Newton, Sabine, San Au<pc force="weak">-</pc><lb break="no" />gustine, Angelina, Trinity, Houston, Anderson, Henderson, Chero<pc force="weak">-</pc><lb break="no" />kee, Nacogdoches, Shelby, Panola, Rusk, Smith, Van Zandt, Wood, Upshur and Harrison.</p>
<pb n="926" ed="gammelslawsoftexas" /><pb ed="unknown" n="8" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>II. The territory comprised within the limits of the following named counties shall compose the Second Congressional District of the State of Texas, and shall elect one representative to the Con<pc force="weak">-</pc><lb break="no" />gress of the United States, to-wit: Davis, Bowie, Red River, Titus, Hopkins, Lamar, Fannin, Hunt, Collin, Grayson, Cook, Denton, Wise, Montague, Jack, Clay, Young, Palo Pinto, Archer, Wichita, Wilbarger, Baylor, Throckmorton, Buchanan, Eastland, Shackel<pc force="weak">-</pc><lb break="no" />ford, Callahan, Taylor, Jones, Haskell, Knox, Hardeman, Tarrant, Parker, Johnson, Ellis, Dallas, Marion and Kaufman.</p>
<p>III. The territory comprised within the limits of the following<pc force="weak">-</pc><lb break="no" />named counties shall compose the Third Congressional District of the State of Texas, and shall elect one representative to the Con<pc force="weak">-</pc><lb break="no" />gress of the United States, to-wit: Navarro, Hill, Bosque, Erath, Comanche, Hamilton, San Saba, Lampasas, Coryell, McClennan, Limestone, Freestone, Leon, Robertson, Falls, Bell, Burnet, Llano, Gillespie, Blanco, Hays, Travis, Williamson, Milam, Burleson, Brazos, Madison, Bastrop, Kerr, Mason, Comal, Kendall, Grimes, Walker, Washington, Bandera, Edwards, Kimball, Menard, Concho, McCulloch, Brown, Coleman and Runnels.</p>
<p>IV. The territory comprised within the limits ot the following named counties shall comprise the Fourth Congressional District of the State of Texas, and shall elect one representative to the Con<pc force="weak">-</pc><lb break="no" />gress of the United States, to-wit: Harris, Galveston, Brazoria, Matagorda, Wharton, Fort Bend, Austin, Colorado, La Vaca, Jack<pc force="weak">-</pc><lb break="no" />son, Victoria. Calhoun, Caldwell, Gonzales, Guadalupe, DeWitt, Bexar, Karnes, Goliad, Bee, Refugio. San Patricio, Cameron, Nueces, Hidalgo, Starr, Zapata, Fayette, Live Oak, Webb, Atascosa, Medina, Uvalde, Dawson, Kinney, Frio, Zavala, Maverick, Dimmitt, La Salle, McMullen, Duval, Encinal, EI Paso, Presidio and Mont<pc force="weak">-</pc><lb break="no" />gomery.</p>
<p>V. That it shall be the duty of the governor to issue writs for the election of four representatives to serve in the United States Congress, for the unexpired term of the present session of Congress, ending on the 3rd day of March. 1867, and shall also issue writs for the election of the same number of representatives to serve for two years in the Congress of the United States, from and after the fourth day of March, 1867; said writs shall direct the election of each set of representatives to be held on the same day, as herein provided for.</p>
<p>VI. That said election shall be held on. the fifteenth day of October, 1866, under the same rules and regulations as provided for in other elections, except that Judges of the election shall <pb n="927" ed="gammelslawsoftexas" /><pb ed="unknown" n="9" /><fw type="header" place="top">Laws of the State of Texas.</fw>make return of the polls held in their respective precincts, to the Judges of the County Courts, within five days after the election, and the County Judges shall make return thereof to the Secretary of State, at Austin, within twenty days therefrom.</p>
<p>VII. It shall be the duty of the Governor and Secretary of State to open and compare the returns from each Congressional District in the State, and the Governor shall issue certificates of election to the persons receiving the highest number of votes in each District.</p>
<p>VIII. The Governor shall order an election, under the same rules and regulations as is provided for other elections in each Con<pc force="weak">-</pc><lb break="no" />gressional District, for members to represent the State in the Con<pc force="weak">-</pc><lb break="no" />gress of the United States, to take place on the day of the general election in August next, preceding the expiration of the terms of the representatives elected under this act; and on the same day of the general election biennially thereafter, the Judges of said elec<pc force="weak">-</pc><lb break="no" />tion shall report, as by law directed, to the Secretary of State; whereupon the Secretary of State and Governor shall open and com<pc force="weak">-</pc><lb break="no" />pare the polls, and the Governor shall issue certificates of election to such persons as receive the highest number of votes in each Dis<pc force="weak">-</pc><lb break="no" />trict.</p>
<p>IX. That this Act take effect from and after its passage.</p>
<closer>
<dateline>Approved <date>September 8th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XI.</head>
<opener>
<salute>An Act to provide for elections in certain cases.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That in all cases, whether the same relates to counties or other mu<pc force="weak">-</pc><lb break="no" />nicipal organizations, where no election was held, or ordered, prior to the expiration of the Provisional State Government, on the 13th August, 1866, in accordance with the laws in force; all the officers of such county or municipality who were last duly elected in the man<pc force="weak">-</pc><lb break="no" />ner prescribed by the laws previously in force, shall be regarded as continuing in office, and shall resume the same, and the proper offi<pc force="weak">-</pc><lb break="no" />cers shall immediately cause an election to be held in said counties or municipalities, and the returns thereof made as provided by law, of all officers to which the said counties or municipalities may be en<pc force="weak">-</pc><lb break="no" />titled, who shall hold their offices respectively until the next regular election thereof; Provided, however, that this act shall not apply to <pb n="928" ed="gammelslawsoftexas" /><pb ed="unknown" n="10" /><fw type="header" place="top">Laws of the State of Texas.</fw>assessors and collectors, and nothing herein shall be construed to operate against the instructions of the Comptroller of Public Ac<pc force="weak">-</pc><lb break="no" />counts given to assessors and collectors of the Provisional State Government, and such assessors and collectors shall be liable to, and perform such duties as may be required of them by the said Comp<pc force="weak">-</pc><lb break="no" />troller that he may regard as necessary for the collection and pay<pc force="weak">-</pc><lb break="no" />ment of the taxes, until their successors have qualified.</p>
<p>Sec. 2. In case there shall be no officers within a county or municipality competent to order an election, then, upon due notice being given throughout the county or municipality of the time and place of meeting, the electors of the same shall choose such suitable person as they may deem fit, who shall have power to order the elec<pc force="weak">-</pc><lb break="no" />tion of such officers as are needed, appoint presiding officers, and make return thereof as now provided for by law, certifying the facts upon which he acted to the Secretary of State, who will issue com<pc force="weak">-</pc><lb break="no" />missions as in other cases, and the officers thus elected shall hold their offices until the next regular election.</p>
<p>Sec. 3. That this Act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>September 15th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XII.</head>
<opener>
<salute>An Act to provide for the Protection of the Frontier of the State of Texas.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That there may be raised three battalions of Texas RRangers for the protection of the northern and western frontier of the State of Texas, to consist of ten companies, giving to two ba<pc force="weak">-</pc><lb break="no" />ttalions three, and to one battalion four companies, to be raised as hereinafter prescribed, and to consist of one captain, two lieu<pc force="weak">-</pc><lb break="no" />tenants, four sergeants, four corporals, one bugler, one farrier and eighty-seven privates each. The field and staff officers to co<pc force="weak">-</pc><lb break="no" />nsist of one colonel, one lieutenant colonel, and one major, one assistant adjutant general, with the rank of captain, one adjutant with the rank of first lieutenant, one assistant quartermaster and commissary with the rank of captain, and two assistant quarte<pc force="weak">-</pc><lb break="no" />rmasters and commissaries with the rank of first lieutenant, one surgeon with the rank of major, and three assistant surgeons with the rank of captains, entitled to pay as follows, to-wit: <pb n="929" ed="gammelslawsoftexas" /><pb ed="unknown" n="11" /><fw type="header" place="top">Laws of the State of Texas.</fw>The colonel shall receive two hundred dollars per month, lieu<pc force="weak">-</pc><lb break="no" />tenant colonel one hundred and fifty dollars per month, the major one hundred and forty dollars per month, captains one hundred and twenty-five dollars per month, lieutenants ninety dollars per month, first sergeants, thirty-eight dollars per month, sergeants, thirty-four dollars per month, corporals, buglers and farriers, thirty<pc force="weak">-</pc><lb break="no" />three dollars per month, and privates, thirty dollars per month; Pro<pc force="weak">-</pc><lb break="no" />vided, the pay of all officers and men, shall be in currency, and fur<pc force="weak">-</pc><lb break="no" />ther that the pay herein provided shall be full compensation in lieu of all other pay and commutation for clothing for officers and men.</p>
<p>Sec. 2. Said men shall furnish themselves with horses, arms and accoutrements, and shall be furnished with ammunition, and shall he enlisted for twelve months unless sooner discharged.</p>
<p>Sec. 3. The requisite number of men for said battalions, shall be raised if possible in the counties of Cook, Denton, Montague, Clay, Jack, Wise, Young, Parker, Tarrant; Palo Pinto, Johnson, Hill, Erath, Comanche, Hamilton, Bosque, Coryell, Lampasas, Brown, San Saba, McCulloch, Mason, Menard, Llano, Williamson, Burnet, Blanco, Comal, Kendall, Gillespie, Kerr, Bandera, Uvalde, Frio, Medina, Atascosa and such other counties as border on the above line of counties; Provided, that the Governor may receive three companies of said regiment from other counties not specified.</p>
<p>Sec. 4. That the Governor be authorized immediately after the passage of this Act, to commission competent persons, one for every company, to enroll the number of men for a company; and when at least sixty-four men shall have been enrolled, they shall organize, by holding an election for company officers, and the captain elected shall return a muster roll, and such other reports as may be required by the Governor to the Adjutant General’s Department, and hold his company in readiness to take the field, in obedience to orders from the Governor or superior officer.</p>
<p>Sec. 5. The Governor shall have power to appoint the field and staff officers, together with all disbursing officers of each battalion, and shall have power to remove from office any of the field or staff officers for neglect of duty, incompetency or disobedience of orders, and furloughs and leaves of absence shall be granted under rules and regulations prescribed by him.</p>
<p>Sec. 6. The troops raised under and by virtue of this Act, shall be governed by the rules and regulations of the army of the United States, but shall always be subject to the authority of the State of Texas for frontier service, and shall not be removed be<pc force="weak">-</pc><lb break="no" />yond the limits of the State of Texas, (except for the purpose <pb n="930" ed="gammelslawsoftexas" /><pb ed="unknown" n="12" /><fw type="header" place="top">Laws of the State of Texas.</fw>of following and chastising marauding bands of Indians wherever found,) and it shall be the duty of the Governor to forward a copy of this Act to the Secretary of War, urging the acceptance of said battalions for frontier protection.</p>
<p>Sec. 7. That no portion ot said troops shall become a charge against the State of Texas until organized as required by the fourth section of this Act, and placed under orders.</p>
<p>Sec. 8. That the quartermaster and commissary of said regiment be authorized under instructions from the Governor to contract for the following transportation for the regiment, viz: One six mule team and wagon, together with such number of pack animals and accoutrements as the colonel with the Governor’s approval, may re<pc force="weak">-</pc><lb break="no" />quire for each battalion as transportation for the troops, and one two horse wagon and two mules for the field and staff of each bat<pc force="weak">-</pc><lb break="no" />talion. The supplies are to be delivered by contractors at the place designated by the commanding officer, who shall give information to the quartermaster and commissary at what point and at what time the supplies must be delivered, and all supplies purchased by the quartermaster must be of good quality; and his accounts or cer<pc force="weak">-</pc><lb break="no" />tificates shall be examined and allowed by the commanding officer in the field before the same shall become binding as a claim against the State; Provided, that the office of assistant quartermaster and commissary, within the meaning of this Act, is but one office, and is to be held but by one person.</p>
<p>Sec. 9. That the Governor shall have power to disband said bat<pc force="weak">-</pc><lb break="no" />talions or any portion of them whenever, in his judgment, their ser<pc force="weak">-</pc><lb break="no" />vices may no longer be necessary for frontier protection, and may thereafter call into the service and reorganize such companies and battalions whenever the condition of the frontier may require it, provided it shall not be for a longer period than twelve months, and should the same not be accepted by the United States Government under the provisions of this Act,</p>
<p>Sec. 10. The present Legislature shall make all necessary appro<pc force="weak">-</pc><lb break="no" />priations, and provide means to enable the Executive of this State to carry out the provisions of this act.</p>
<p>Sec. 11. That the acts to provide for the protection of the fro<pc force="weak">-</pc><lb break="no" />tier, passed February 7th, 1861, and December 24th, 1861, be and the same are hereby repealed.</p>
<p>Sec. 12. This Act to take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>September 21, 1866</date>.</dateline>
</closer>
</div2>
<pb n="931" ed="gammelslawsoftexas" /><pb ed="unknown" n="13" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER XIII.</head>
<opener>
<salute>An Act for the relief of the County of Milam.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the County Judge of Milam county is hereby author<pc force="weak">-</pc><lb break="no" />ized to call a special term of the Police Court of said county, for the purpose of levying the county tax for the year eighteen hun<pc force="weak">-</pc><lb break="no" />dred and sixty-six, (1866) and that the same shall be as valid as if levied at a regular term; Provided, that the County Judge and any two of the county commissioners, or any three of the county com<pc force="weak">-</pc><lb break="no" />missioners shall be competent to levy said tax.</p>
<p>Sec. 2. That this Act shall take effect from its passage.</p>
<closer>
<dateline>Approved <date>September 21, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XIV.</head>
<opener>
<salute>An Act making an appropriation for the mileage and per diem pay of J. B. Boyd, delegate of the Texas State Convention.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of one hundred and twenty-eight dollars in currency be and the same is hereby appropriated out of any money in the Treasury not otherwise appropriated, for the payment of the milege and per diem of J. B. Boyd, delegate to the Texas State Convention, which convened at the city of Austin on the 7th day of February, A. D. 1866, and that the certificate of the Secretary of the ltte Convention shall be sufficient evidence to draw the money.</p>
<p>Sec. 2. That this Act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>September 21, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XV.</head>
<opener>
<salute>An Act to authorize the Police Court of the county of Denton, to issue bonds of the county for the purpose of erecting public build<pc force="weak">-</pc><lb break="no" />ings for the county.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the Police Court of the county of Denton be, and is hereby empowered to authorize the issuing of bonds in the <pb n="932" ed="gammelslawsoftexas" /><pb ed="unknown" n="14" /><fw type="header" place="top">Laws of the State of Texas.</fw>name of said county, in any amount not to exceed ten thousand dol<pc force="weak">-</pc><lb break="no" />lars, for the purpose of erecting the necessary public buildings for the use of said county.</p>
<p>Sec. 2. That said bonds shall be for sums of not less than twen<pc force="weak">-</pc><lb break="no" />ty-five, and not more than one hundred dollars, to be payable in not less than four or not more than ten years from the date thereof, with coupon interest attachments, payable yearly if not more than ten per cent, per annum, on the amount of the bond.</p>
<p>Sec. 3. That said bonds when issued shall be sold for not less than their face value in the United States currency, and the cou<pc force="weak">-</pc><lb break="no" />pons as they become due shall be receivable for county taxes.</p>
<p>Sec. 4. That this Act shall be in force and take effect, from and after its passage.</p>
<closer>
<dateline>Approved <date>September 26th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XVI.</head>
<opener>
<salute>An Act for the Regulation of Pilots.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the ninth section of An Act entitled "an act for the regulation of Pilots, approved April 17th, 1846," be and the same is hereby amended, so as to read as follows: That the rate of pilot<pc force="weak">-</pc><lb break="no" />age on any class of vessels shall not, in any port of this State, ex<pc force="weak">-</pc><lb break="no" />ceed four dollars for each foot of water which the vessel, at the time of piloting draws, and that whenever a vessel, except of the classes below excepted, shall decline the service of a pilot offerd her out<pc force="weak">-</pc><lb break="no" />side the bar, and shall enter the port without the aid of one, she shall be liable to the first pilot whose services she so declined, for the payment of half pilotage; and any vessel, which after being brought in by a pilot, shall go out without employing one, shall be liable to the payment of half pilotage to the pilot who brought her in, or if she has come in without the aid of a pilot, though offered outside, she shall in so going out be liable for the payment of half pilotage to the pilot, who had first offered his services before she came in; but if she has come in without the aid of a pilot, or the offer of it outside, she shall in case of going out without a pilot, not be liable to half pilotage; and when a pilot takes charge of a vessel twenty miles outside of the bar and brings her to it, he shall be enti<pc force="weak">-</pc><lb break="no" />tled to one-fourth pilotage for such off shore service, in addition to <pb n="933" ed="gammelslawsoftexas" /><pb ed="unknown" n="15" /><fw type="header" place="top">Laws of the State of Texas.</fw>what he is entitled to recover for bringing her in; but if such off shore service be declined, no portion of the said compensation shall be recovered; and the following classes of vessels shall be free from any charge for pilotage, unless for actual service, to-wit: all ves<pc force="weak">-</pc><lb break="no" />sels of twenty tons and under; all vessels of whatsoever burthen, owned in the State of Texas and registered and licensed in the Dis<pc force="weak">-</pc><lb break="no" />trict of Texas, when arriving from or departing to any port of the State, of Texas; all vessels of seventy-five tons and under, owned and licensed for the coasting trade in any part of the United States, when arriving from or departing to any port in the State of Texas; all vessels of seventy-five tons and under, owned in the State of Texas and licensed for the coasting trade in the District of Texas, when arriving from or departing to any port in the United States.</p>
<p>Sec. That this act take effect from its passage.</p>
<closer>
<dateline>Approved <date>September 26th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XVII.</head>
<opener>
<salute>An Act restricting the sale of vinous and spirituous liquors in the vicinity of Concrete College.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That from and after the promulgation of this act, it shall be unlawful for any person to vend vinous or spirituous liquors, in any quantities whatever, in the village of Concrete, in DeWitt coun<pc force="weak">-</pc><lb break="no" />ty, and within four miles of the college buildings therein erected, or that may be erected hereafter, provided that whenever it may be necessary to use vinous or spirituous liquors for medicinal purposes, the same may be sold, upon the party wishing to buy producing a written statement, signed by some practicing physician, recommend<pc force="weak">-</pc><lb break="no" />ing the sale thereof for medicinal purposes, and specifying the amount required.</p>
<p>Sec. 2. That each and every person who may violate, or in any manner contravene the provisions of the first section of this act, shall for each violation forfeit a sum not less than fifty or more than one hundred dollars, recoverable on complaint of any citizen of the county of DeWitt, before any Justice of the Peace having juris<pc force="weak">-</pc><lb break="no" />diction, one-half thereof, when collected, to be paid into the treas<pc force="weak">-</pc><lb break="no" />ury of said county for the use of schools, and the other to the party complaining.</p>
<p>Sec. 3. That the Trustees of Concrete College shall cause <pb n="934" ed="gammelslawsoftexas" /><pb ed="unknown" n="16" /><fw type="header" place="top">Laws of the State of Texas.</fw>a survey to be made so as to fix and determine the boundaries of the district or tract in which the sale of vinous and spirituous liquors is prohibited, and mark the same; and the surveyor in mak<pc force="weak">-</pc><lb break="no" />ing the survey shall be required to run not more than four lines, and shall so run them that no point in any of said lines shall be less than four miles from the college buildings, and any person who shall vend vinous or spirituous liquors within the limits fixed by said survey, shall be punished in the manner designated in the first section of this act, unless sold for medicinal purposes as provided for in the first section.</p>
<p>Sec. 4. Be it further enacted, That all suits under the provisions of this Act shall be brought in the name of the complainant, and conducted as such; and this Act be in force from and after the ex<pc force="weak">-</pc><lb break="no" />piration of thirty days from the passage hereof.</p>
<closer>
<dateline>Approved <date>September 26th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XVIII.</head>
<opener>
<salute>An Act making appropriation for the payment of salaries of of<pc force="weak">-</pc><lb break="no" />ficers of the Provisional Government, and for indebtedness of the State, incurred during the pendency of said Government, still remaining unpaid.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of fifteen thousand dollars in currency, or so much thereof as may be necessary, be and the same is hereby ap<pc force="weak">-</pc><lb break="no" />propriated to pay the salaries of Provisional officers and indebted<pc force="weak">-</pc><lb break="no" />ness incurred during the pendency of the Provisional Government, now remaining unpaid; and that this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>September 26th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XIX.</head>
<opener>
<salute>An Act to authorize the County Courts of Collin and Grayson Coun<pc force="weak">-</pc><lb break="no" />ties to levy a Special Tax for the erection of Court Houses and Jails therein.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the County Courts of Collin and Grayson coun<pc force="weak">-</pc><lb break="no" /><pb n="935" ed="gammelslawsoftexas" /><pb ed="unknown" n="17" /><fw type="header" place="top">Laws of the State of Texas.</fw>ties be, and they are hereby authorized to levy a Special Tax for the years 1867, 1868, 1869 and 1870, in addition to the county tax now authorized by law, upon the taxable property of said counties, not to exceed in any one year the sum of ten cents on each hundred dollars of valuation, which tax, shall be levied, collected and re<pc force="weak">-</pc><lb break="no" />turned, the same as other county tax, and when collected, shall be applied to the building of Court Houses and Jails in said counties, and to no other purposes; Provided the Jails shall be built first.</p>
<p>Sec. 2. That this Act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>September 26th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XX.</head>
<opener>
<salute>An Act to prohibit the sale or otherwise disposing of spirituous or other intoxicating liquors, within six miles of Salado College.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That it shall not be lawful for any person either with, or without license, to sell, give away, or in any manner dispose of any spirituous, vinous, or other intoxicating liquors, within six miles of Salado College, except for medical or sacramental purposes; and any person violating the provisions of this act, shall, upon conviction before a Justice of the Peace, or other court having jurisdiction, be deemed guilty of a misdemeanor, and fined in any sum not less than fifty, nor more than two hundred dollars; and this Act shall be of force from its passage.</p>
<closer>
<dateline>Approved <date>September 26th, 1866</date>,</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXI.</head>
<opener>
<salute>An Act to legalize the Election Returns for District Judge and At<pc force="weak">-</pc><lb break="no" />torney for the 12th Judicial District.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the returns of the election on the 25th June, 1866, for District Judge and Attorney, made by the Chief Justice of the county of Cameron, for the counties of Cameron, Hidalgo <pb n="936" ed="gammelslawsoftexas" /><pb ed="unknown" n="18" /><fw type="header" place="top">Laws of the State of Texas.</fw>and Starr, and now on file in the office of the Secretary of State, are hereby duly legalized, and the Secretary of State is hereby re<pc force="weak">-</pc><lb break="no" />quested to issue certificates of election to the persons elect for said offices.</p>
<p>Sec. 2. That this Act take effect from and after its passage.</p>
<closer>
<dateline>Approved <date>September 27th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXII.</head>
<opener>
<salute>An Act to prohibit the sale of spirituous liquors, within three miles of “Osage Academy,” in the county of Colorado, except for medi<pc force="weak">-</pc><lb break="no" />cinal or sacramental purposes.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That if any person or firm shall, within three miles of an in<pc force="weak">-</pc><lb break="no" />stitution of learning in the county of Colorado, in this State, known as “Osage Academy," sell, exchange, barter or give away, any spir<pc force="weak">-</pc><lb break="no" />ituous liquors, except for medicinal or sacramental purposes, in any quantities whatever, such person or persons shall, upon conviction thereof, be declared guilty of a misdemeanor, and fined in any sum not exceeding one hundred dollars, for each and every offence, and the jury may, at their discretion add confinement in the county jail not exceeding thirty days. And it shall not be necessary in prosecu<pc force="weak">-</pc><lb break="no" />tions, under the provisions of this act, for the State to prove that the spirituous liquors sold, exchanged, bartered, or given away were not for medicinal or sacramental purposes.</p>
<closer>
<dateline>Approved <date>September 24th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXIII.</head>
<opener>
<salute>An Act to change the western boundary line of the counties of Uvalde, Zavalla and Dimmit.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the western boundary line of Uvalde, Zavalla and Dim<pc force="weak">-</pc><lb break="no" />mit, be changed as follows: Beginning at the south west corner of Edwards county, and running a due south course to a point due west from the south line of Dimmit county.</p>
<p>Sec. 2. The territory lying adjacent to the counties of <pb n="937" ed="gammelslawsoftexas" /><pb ed="unknown" n="19" /><fw type="header" place="top">Laws of the State of Texas.</fw>Uvalde, Zavalla and Dimmit on the west, and east of the afore<pc force="weak">-</pc><lb break="no" />mentioned north and south line, become component parts of said counties of Uvalde, Zavalla and Dimmit; the east and west lines of the counties of Uvalde, Zavalla and Dimmit be extended to inter<pc force="weak">-</pc><lb break="no" />cept the aforementioned north and south line.</p>
<p>Sec. 3. All laws and parts of laws, conflicting with the provis<pc force="weak">-</pc><lb break="no" />ions of this act, be hereby repealed.</p>
<p>Sec. 4. That this Act take effect from and after its passage.</p>
<closer>
<dateline>Approved <date>September 29th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXIV.</head>
<opener>
<salute>An Act authorizing the Judge of the 13th District, to hold a special term of the District Court in Robinson and Falls Counties.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the Judge elect of the 13th District is hereby author<pc force="weak">-</pc><lb break="no" />ized to hold a special term of the District Court, in and for Rob<pc force="weak">-</pc><lb break="no" />ertson and Falls counties, at any time to be named by him, after having give ndue notice; provided the said special term shall not conflict with any of the regular terms of said Court to be holden in any of the counties of said District.</p>
<p>Sec. 2. The Clerk of the District and County Courts shall, thirty days prior to the time fixed for holding said special term, draw from the jury box twenty four persons to serve as jurors at said special term, as now provided by law for regular terms of the District Courts, and the venire drawn by the County Court, for the regular term of said court, to serve as Grand Jurors, shall constitute the venire, and shall serve as Grand Jurors for said special term, and shall be summoned by the proper officer, and shall be subject to all penalties as is prescribed by law; and all process heretofore issued, and made returnable to the regular term shall be returnable to said special term; and the proceedings, orders and judgments of said special term shall be as valid as if made or rendered at a regu<pc force="weak">-</pc><lb break="no" />lar term of said court.</p>
<p>Sec. 3. That the District Clerk of said county is hereby required to issue venires for Jurors and all other necessary process return<pc force="weak">-</pc><lb break="no" />able to the said special term of the court.</p>
<p>Sec. 4. That this Act be and remain in force from and after its passage.</p>
<closer>
<dateline>Approved <date>October 1, 1866</date>.</dateline>
</closer>
</div2>
<pb n="938" ed="gammelslawsoftexas" /><pb ed="unknown" n="20" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER XXV.</head>
<opener>
<salute>An Act to appropriate four hundred dollars, or so much thereof as may be necessary, for the use of the Supreme Court Room.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That four hundred dollars, or so much thereof as may be necessary, is hereby appropriated, out of any monies in the Treas<pc force="weak">-</pc><lb break="no" />ury not otherwise appropriated, for the purpose of fitting up and providing the necessary furniture and stationery for the Supreme Court Room.</p>
<p>Sec. 2. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>October 5, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXVI.</head>
<opener>
<salute>All Act to authorize the Police Courts for the several counties in the State to levy and collect a Special Tax.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the Police Court of each and every county in the State shall be, and they are hereby authorized, whenever in the judgment of said court a necessity exists, to levy and collect annually, a special ad valorem, tax upon all property, real, personal and mixed, in their county, not to exceed half the amount of the State tax, which shall be levied and collected the same as other taxes, and shall be appro<pc force="weak">-</pc><lb break="no" />priated and paid out solely for the purpose of building Courthouses and Jails, and keeping the same in good repair.</p>
<p>Sec. 3. That all laws, so far as they conflict with the provisions of this Act, be and the same are hereby repealed, and this Act shall take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>October 5th, 1866</date>.</dateline>
</closer>
</div2>
<pb n="939" ed="gammelslawsoftexas" /><pb ed="unknown" n="21" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER XXVII.</head>
<opener>
<salute>An Act making an appropriation to furnish the office of the Attor<pc force="weak">-</pc><lb break="no" />ney General of the State with the necessary furniture and Sta<pc force="weak">-</pc><lb break="no" />tionery.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of two hundred dollars, or so much thereof as may be necessary, be and the same is hereby appropriated, out of any funds in the Treasury not otherwise appropriated, for the pur<pc force="weak">-</pc><lb break="no" />pose of purchasing furniture and stationery for the office of the At<pc force="weak">-</pc><lb break="no" />torney General of the State, and that the same be expended under the direction of the Secretary of State.</p>
<p>Sec. 2. That this Act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>October 6th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXVIII.</head>
<opener>
<salute>An Act to organize the County of Kinney and attach the adjoin<pc force="weak">-</pc><lb break="no" />ing territory thereto.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the county of Kinney be organized with the following limits, beginning at the south-west corner of Edwards county, and running due south with the western line of Uvalde county to the south-west corner of Uvalde county; thence due west to the Rio Grande, forming the last and south line of said county; and run<pc force="weak">-</pc><lb break="no" />ning due west from the beginning corner to the San Pedro or Devil’s River, and with the meanders of said stream and Rio Grande to the south line of said county, forming the north and west bound<pc force="weak">-</pc><lb break="no" />ary of said county.</p>
<p>Sec. 2. That the citizens of said county of Kinney be authorized to organize said county, by petition to the County Judge of Uvalde county: or, in case of failure of the Judge of Uvalde county to call an election, then, on petition of said citizens of Kinney, any County Judge may call an election for said oganization.</p>
<p>Sec. 3. That the county seat of Kinney be located by a vote of the citizens of said county, at any suitable place within fifteen miles of the geographical centre of said county.</p>
<pb n="940" ed="gammelslawsoftexas" /><pb ed="unknown" n="22" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Sec. 4. That until such time as the county of Kinney is organ<pc force="weak">-</pc><lb break="no" />ized, and all territory attached thereto by this Act, be and is hereby attached to Uvalde county for judicial purposes, and all taxes shall be collected by the Assessor and Collector of Uvalde county until such organization.</p>
<p>Sec. 5. All territory belonging to Bexar county, lying north and west of said county of Kinney is hereby attached to Kinney county, for judicial and other purposes.</p>
<p>Sec. 6. All acts and parts of acts conflicting with the provisions of this Act be and are hereby repealed.</p>
<p>Sec. 7. That this Act take effect from and after its passage.</p>
<closer>
<dateline>Passed <date>October 5th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXIX.</head>
<opener>
<salute>An Act to organize the County of Maverick.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the county of Maverick be organized with the following limits: Beginning at the southwest corner of Uvalde county and running due west to the Rio Grande, for the north boundary; and running due south from said beginning corner, to the southwest<pc force="weak">-</pc><lb break="no" />corner of Dimmit county, and thence due west to the Rio Grande.</p>
<p>Sec. 2. That the citizens of said county of Maverick he author<pc force="weak">-</pc><lb break="no" />ized to organize said county by petition to the County Judge of Uvalde county, or in case of failure of said Judge of Uvalde county to call said, election, then, on petition of said citizens of Maverick county, any County Judge may call an election for said organiza<pc force="weak">-</pc><lb break="no" />tion.</p>
<p>Sec. 3. That the county seat of Maverick county be located at the town of Eagle Pass.</p>
<p>Sec. 4. That until such time as the county of Maverick is organ<pc force="weak">-</pc><lb break="no" />ized, it be, and is hereby attached to Uvalde county for judicial and other purposes; and that the Assessor and Collector of Uvalde county be required to collect all taxes in said Maverick county until such organization.</p>
<p>Sec. 5. That all laws and parts of laws conflicting with the pro<pc force="weak">-</pc><lb break="no" />visions of this Act, he and are hereby repealed.</p>
<p>Sec. 6. That this Act take effect from and after its passage.</p>
<closer>
<dateline>Passed <date>October 5th, 1866</date>.</dateline>
</closer>
</div2>
<pb n="941" ed="gammelslawsoftexas" /><pb ed="unknown" n="23" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER XXX.</head>
<opener>
<salute>An Act authorizing the Judge of the 8th Judicial District to hold a Special Term of the District Court of Davis County.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the Judge of the 8th Judicial District is hereby author<pc force="weak">-</pc><lb break="no" />ized to hold a special term of the District Court in and for Davis County, at any time to be named by him, for criminal purposes, after giving due notice: Provided, the said special time (term) shall not conflict with any of the regular terms of said court to be holden in any of the counties of said District.</p>
<p>Sec. 2 That the Clerk of the District and County Courts shall, thirty days prior to the time fixed for holding said special term, draw from the jury box twenty-four persons to serve as jurors at said special term, as now provided by law for regular terms of the District Courts, and the venire drawn by the County Court for the regular term of said Court, to serve as grand jurors, shall constitute the venire, and shall serve as grand jurors for said special term, and shall be summoned by the proper officer, and shall be subject to all penalties prescribed by law; and all process heretofore issued and made returnable to the regular term shall be returnable to said special term; and the proceedings, orders and judgments of said special term shall be as valid as if made or rendered at a regular term of said court.</p>
<p>Sec. 3. That the District Clerk of said county is hereby required to issue venires for jurors, and all other necessary process return<pc force="weak">-</pc><lb break="no" />able to the said special term of the court.</p>
<p>Sec. 4. That this Act be and remain in force from and after its passage.</p>
<closer>
<dateline>Approved <date>October 8th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXXI.</head>
<opener>
<salute>An Act supplementary to an act entitled “An Act Apportioning the State into Congressional Districts, and providing for the Election of Members to the Congress of the United States.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That Wilson county be, and is hereby attached to the Fourth Congressional District.</p>
<pb n="942" ed="gammelslawsoftexas" /><pb ed="unknown" n="24" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Sec. 2. The County Judge shall order an election to be held in said county, for representatives in the Congress of the United States, in accordance with the Governor’s proclamation of the 8th of September, 1866, giving at least five days' notice of said election, and the returns of the election shall be made as provided for the other counties of said district.</p>
<p>Sec. 3. This Act to take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>October 8th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXXII.</head>
<opener>
<salute>An Act to repeal an act entitled “An Act to prohibit the sale of in<pc force="weak">-</pc><lb break="no" />toxicating Liquors within torn and a half miles of the Court House in Fort Worth, Tarrant County, Texas.”</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That an act entitled “An Act to prohibit the sale of intoxi<pc force="weak">-</pc><lb break="no" />cating liquors within four and a half miles of the courthouse in Fort Worth, Tarrant county, Texas," approved December 21st, 1861, be, and the same is hereby repealed.</p>
<p>Sec. 2. That this Act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>October 9, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXXIII.</head>
<opener>
<salute>An Act to Appropriate the Necessary Means to enable the Governor to Organize the Frontier Regiment.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of five thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the treasury not otherwise appropriated, to enable the Governor to or ganize the frontier troops provided for by an act approved Septem<pc force="weak">-</pc><lb break="no" />ber 21st. 1866.</p>
<p>Sec. 2. That the funds herein appropriated, shall be used for the purpose of procuring stationery, blank forms, muster rolls, print<pc force="weak">-</pc><lb break="no" />ing, postage, and in the payment of incidental expenses incurred in procuring said organization; and this Act to be in force from its passage.</p>
<closer>
<dateline>Approved <date>October 10, 1866</date>.</dateline>
</closer>
</div2>
<pb n="943" ed="gammelslawsoftexas" /><pb ed="unknown" n="25" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER XXXIV.</head>
<opener>
<salute>An Act to relieve the people from the payment of certain Taxes.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the people of the State are hereby relieved from the payment of the special tax of four cents upon each hundred dollars value of property, imposed by the Act of April 8th, 1861, entitled “An Act authorizing a loan, and imposing a specific tax to meet the principal and interest thereof, under the provisions of the 33d sec<pc force="weak">-</pc><lb break="no" />tion of the 7th article of the Constitution of the State,” and the 4th section of said Act, together with all laws which were passed for the purpose of carrying the same into effect, are hereby repealed; Pro<pc force="weak">-</pc><lb break="no" />vided, however, that nothing in this Act contained shall be con<pc force="weak">-</pc><lb break="no" />strued to impair the claim of the State against any assessor and col<pc force="weak">-</pc><lb break="no" />lector, who may have collected the tax aforesaid, or any portion thereof, either in gold and silver or the recognized liabilities of this State, and who has failed to pay over the same as required by law; but such assessor and collector and his sureties shall be held liable thereor.</p>
<p>Sec. 2. That whenever any assessor and collector shall have col<pc force="weak">-</pc><lb break="no" />lected said tax in gold and silver or the recognized liabilities of this State, he shall be required to pay such gold and silver or recognized liabilities as he received into the State treasury, or, in case of the collection being in gold and silver, he shall be authorized to pay into the State treasury in discharge of his liability, United States Treas<pc force="weak">-</pc><lb break="no" />ury warrants, or the recognized liabilities of this State, at their par market value in gold and silver coin, at the city of Austin, at the time of their presentation for payment at the Treasury.</p>
<p>Sec. 3. In case the collection of said tax shall have been made in the Treasury warrants or other liabilities of the late Confederate States, or in unrecognized Texas liabilities, the assessors and col<pc force="weak">-</pc><lb break="no" />lectors aforesaid shall be discharged from the payment of the same, or anything in lieu thereof Provided, however, that whenever suits have been brought against assessors and collectors in such cases, it shall be their duty to pay over to the District Attorney the currency or liabilities thus received, who will thereafter dismiss said suit, and it is made the duty of such District Attorney immediately to notify the Comptroller of such action and settlement, and in case of his receiving Texas liabilities, he shall forward them to the Comptroller.</p>
<p>Sec. 4. That this Act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>October 10th, 1866</date>.</dateline>
</closer>
</div2>
<pb n="944" ed="gammelslawsoftexas" /><pb ed="unknown" n="26" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER XXXV.</head>
<opener>
<salute>An Act to provide for districting the State of Texas into Judicial Districts.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the State be divided into fourteen Judicial Districts, as hereinafter provided.</p>
<p>The First District shall be composed of the following named counties, viz: Brazoria, Matagorda, Wharton, Jackson, Colorado, Fort Bend, Fayette and Austin.</p>
<p>Sec. 2. The Second District shall be composed oi the counties of Bastrop, Caldwell, Guadalupe, Hays, Blanco, Gillespie, Mason, Llano, Burnet, Williamson and Travis.</p>
<p>Sec. 3. The Third District shall be composed of the counties of Brazos, Milam, Burleson, Washington, Harris and Galveston.</p>
<p>Sec. 4. The Fifteenth District shall be composed of the counties of Chambers, Hardin, Liberty, Jefferson, Orange, Tyler, Trinity, Polk, Jasper, Newton and Angelina.</p>
<p>Sec. 5. The Thirteenth Listrict shall be composed of the comities of Montgomery, Grimes, Walker, Madison, Robertson, Limestone, Freestone, Navarro and Leon.</p>
<p>Sec. 6. The Sixth District shall be composed ot the counties of Sabine, San Augustine, Shelby, Panola, Harrison, Rusk and Up<pc force="weak">-</pc><lb break="no" />shur.</p>
<p>Sec. 7. The Eighth District shall be composed of the counties of Marion, Davis, Bowie, Red River, Titus, Lamar, Hopkins and Wood.</p>
<p>Sec. 8. The Ninth District shall be composed of the counties of Houston, Anderson, Cherokee, Nacogdoches, Smith, Henderson and Van Zandt.</p>
<p>Sec. 9. The Sixteenth District shall be composed of the counties of Kaufman, Ellis, Hill, Johnson, Erath, Palo Pinto, Parker, Tar<pc force="weak">-</pc><lb break="no" />rant and Dallas.</p>
<p>Sec. 10. The Twentieth District shall be composed of the coun<pc force="weak">-</pc><lb break="no" />ties of Fannin, Hunt, Collin, Grayson, Cook, Wise, Jack, Mon<pc force="weak">-</pc><lb break="no" />tague, Clay, Young and Denton.</p>
<p>Sec. 11. The Nineteenth District shall be composed of the <pb n="945" ed="gammelslawsoftexas" /><pb ed="unknown" n="27" /><fw type="header" place="top">Laws of the State of Texas.</fw>counties of Bell, Coryell, Lampasas, San Saba, Brown, Comanche, Hamilton, Bosque, Balls and McLennan.</p>
<p>Sec. 12. The Eighteenth District shall be composed of the coun<pc force="weak">-</pc><lb break="no" />ties of Bexar, Comal, Kerr, Kendall, Atascosa, Bandera, Uvalde, Medina and Wilson.</p>
<p>Sec. 13. The Tenth District shall be composed of the counties of Victoria, Lavaca, DeWitt, Gonzales, Calhoun, Goliad, Bee, Ref<pc force="weak">-</pc><lb break="no" />ugio, Karnes and Live Oak.</p>
<p>Sec. 14. The Twelfth District shall be composed of the counties of Nueces, San Patricio, Cameron, Hidalgo, Starr, Zapata and Webb.</p>
<p>Sec. 15. The present session of the Legislature shall proceed to fix the times of holding the Courts in the several Districts herein provided for, and shall also re-number the same from one consecu<pc force="weak">-</pc><lb break="no" />tively up to fourteen.</p>
<p>Sec. 16. The counties of EI Paso and Presidio are hereby at<pc force="weak">-</pc><lb break="no" />tached to the Eighteenth District as herein created, and in law pro<pc force="weak">-</pc><lb break="no" />viding for the time of holding courts in the county of Bexar, time should be given for the determination of all suits that may be trans<pc force="weak">-</pc><lb break="no" />ferred from said counties of El Paso and Presidio to the District Court of Bexar county.</p>
<p>Sec. 17. That for judicial purposes the county of Duval shall be attached to the county of Nueces; the counties of Encinal and Dim<pc force="weak">-</pc><lb break="no" />mit to Webb; the counties of McMullen and La Salle to Live Oak; the county of Frio to Atascosa; the counties of Kinney, Maverick, Zavalla and Dawson to Uvalde; the county of Edwards to Ban<pc force="weak">-</pc><lb break="no" />dera; the county of Kimball to Gillespie; the county of Menard to Mason; the counties of Concho and McCulloch to San Saba; the counties of Runnels and Coleman to Brown; the counties of Tay<pc force="weak">-</pc><lb break="no" />lor, Callahan and Eastland to Comanche; the counties of Jones, Shackelford and Stephens to Palo Pinto; the counties of Haskell, Knox, Hardeman, Greer, Wilbarger, Baylor and Throckmorton to Young; the counties of Archer and Wichita to Clay.</p>
<p>Sec. 18. The Fifth, Seventh, Eleventh, fourteenth, Seventeenth and Fourth Judicial Districts, as heretofore existing, having been divided and parceled out to other Districts, shall henceforth cease to exist, and the District Judges and District Attorneys in said named Districts so divided and parceled out, shall cease to hold their offices as such from and after the 31st day of December, 1866.</p>
<closer>
<dateline>Approved <date>October 11, 1866</date>.</dateline>
</closer>
</div2>
<pb n="946" ed="gammelslawsoftexas" /><pb ed="unknown" n="28" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER XXXVI.</head>
<opener>
<salute>An Act supplementary to and amendatory of an Act entitled An Act to provide for the Re-districting the State into Judicial Dis<pc force="weak">-</pc><lb break="no" />tricts, passed at the present session of the Legislature.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the first Judicial District shall be composed of the counties of Brazoria, Matagorda, Wharton, Fort Bend, Colorado, Fayette and Austin.</p>
<p>Sec. 2. That the Second Judicial District shall be composed of the counties of Bastrop, Travis, Williamson, Burnet, Blanco, Hays, Guadalupe and Caldwell.</p>
<p>Sec. 3. The Tenth Judicial District shall be composed of the counties of Calhoun, Jackson, Lavaca, Gonzales, DeWitt, Victoria, Goliad and Refugio.</p>
<p>Sec. 4. The Fourteenth Judicial District shall be composed of the counties of Nueces, San Patricio, Live Oak, Atascosa, Bexar, Wilson, Karnes and Bee.</p>
<p>Sec. 5. The Twelfth Judicial District shall be composed of the counties of Cameron, Hidalgo, Starr, Zapata, Webb, Kinney and Maverick.</p>
<p>Sec. 6. The Eighteenth Judicial District shall be composed of the counties of Comal, Kerr, Kendall, Bandera, Uvalde, Medina, Mason, Llano and Gillespie, El Paso and Presidio; Provided, that nothing herein contained shall be construed to reinstate the Dis<pc force="weak">-</pc><lb break="no" />trict heretofore designated as the Fourth Judicial District.</p>
<p>Sec. 7. The county of Hardeman is hereby attached to the county of Young for judicial purposes, and the county of Hardin detached therefrom, and the county of Edwards to the county of Uvalde.</p>
<p>Sec. 8. That all laws conflicting with this Act are hereby re<pc force="weak">-</pc><lb break="no" />pealed, and this Act take effect and be in force from and after the first day of January, one thousand eight hundred and sixty-seven.</p>
<p>Sec. 9. That the eighteenth section of the Act to which this Act is supplemental be so amended as to read as follows: The Fifth, Seventh, Eleventh, Seventeenth and Fourth Judicial Dis<pc force="weak">-</pc><lb break="no" />tricts, as heretofore existing, having been divided and parceled out to other Districts, shall cease to exist from and after the thirty-first day of December, one thousand eight hundred and sixty-six; and the District Judges and District Attorneys in said <pb n="947" ed="gammelslawsoftexas" /><pb ed="unknown" n="29" /><fw type="header" place="top">Laws of the State of Texas.</fw>named Districts so divided and parceled out, shall cease to hold their offices as such from and after the thirty-first day of Decem<pc force="weak">-</pc><lb break="no" />ber, one thousand eight hundred and sixty-six.</p>
<closer>
<dateline>Approved <date>October 11th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXXVII.</head>
<opener>
<salute>An Act to regulate the time of holding Sessions of the Supreme Court.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the Supreme Court of the State of Texas shall here<pc force="weak">-</pc><lb break="no" />after hold its sessions as follows:</p>
<p>Once every year at the city of Austin, in the county of Travis, commencing on the first Monday in October, and shall continue in session twelve weeks, unless the business pertaining to the same is sooner disposed of.</p>
<p>Once every year at the city of Galveston, in the county of Gal<pc force="weak">-</pc><lb break="no" />veston, commencing on the second Monday in January, and shall continue in session ten weeks, unless the business pertaining to the same is sooner disposed of.</p>
<p>Once in every year at the town of Tyler, in the county of Smith, to commence on the second Monday in April, and shall continue in session until the last Saturday in June, unless the business per<pc force="weak">-</pc><lb break="no" />taining to the same is sooner disposed of.</p>
<p>Section 2. That all laws heretofore in force, so far as they con<pc force="weak">-</pc><lb break="no" />flict with the provisions of this Act, be, and the same are hereby repealed, and that this Act shall take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>October 15th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXXVIII.</head>
<opener>
<salute>An Act concerning Alien Passengers:</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That when any vessel shall arrive at any port or harbor within this State, with alien passengers on board who have never before been within the State, the Master and commanding <pb n="948" ed="gammelslawsoftexas" /><pb ed="unknown" n="30" /><fw type="header" place="top">Laws of the State of Texas.</fw>officer of such vessel shall, within twenty-four hours after such ar<pc force="weak">-</pc><lb break="no" />rival, make a report in writing, under oath, to the Commissioner of Immigration, or to his Assistant or Agent at such port, or to the Mayor of any city or town, of the name, age, sex, occupation, place of birth, last place of residence, and condition of every such pas<pc force="weak">-</pc><lb break="no" />senger, and none of them shall be landed or permitted to land until such report shall be made, except as hereinafter provided.</p>
<p>Section 2. That if, on examination, there shall be found among such passengers, any lunatic, idiot, maimed, aged or infirm person, incompetent, in the opinion of the Commissioner of Immigration, or to the Mayor of any city or town, to maintain themselves, or who have been paupers or criminals in any other country, or any other of the United States, he shall not permit any such passengers to land.</p>
<p>Provided, however, That if it shall be made to appear to said Commissioner of Immigration, or to the Mayor of any city or town, by undoubted evidence, that any passengers on board of such ves<pc force="weak">-</pc><lb break="no" />sel are in such condition as to health, property, capacity and char<pc force="weak">-</pc><lb break="no" />acter, that they are not likely to become chargeable to any city, town or county, he may permit them to be landed, and the names of such passengers shall be certified by said Commissioner of Immi<pc force="weak">-</pc><lb break="no" />gration on the back of the report.</p>
<p>And provided further, That if any such passengers are so sick and destitute as to require relief, and if said Master shall refuse to report them, the Commissioner of Immigration may permit them to be landed; and, in such cases, any city or town that shall be put to any expense, for the support, sickness or burial of any such passen<pc force="weak">-</pc><lb break="no" />ger, within two years of the time he or she has landed, may main<pc force="weak">-</pc><lb break="no" />tain an action of debt against said Master, owner, or consignee, or agent, and recover all expenses incurred as aforesaid.</p>
<p>Section 3. That if any Master or commanding officer of any ves<pc force="weak">-</pc><lb break="no" />sel shall land or permit to be landed, in this State, any alien pas<pc force="weak">-</pc><lb break="no" />sengers as aforesaid, without complying with the provisions of this Act, said Master or commanding officer, and the owner or con<pc force="weak">-</pc><lb break="no" />signee thereof, shall severally forfeit the sum of five hundred dol<pc force="weak">-</pc><lb break="no" />lars for every such alien passenger so landed.</p>
<p>Provided always, That the provisions of this Act shall not ex<pc force="weak">-</pc><lb break="no" />tend to seamen sent from foreign places by Consuls or Vice-Con<pc force="weak">-</pc><lb break="no" />suls of the United States; nor to vessels coming, on shore in distress, nor to any alien passengers taken from any wreck where life is in danger.</p>
<closer>
<dateline>Approved <date>October 15th, 1866</date>.</dateline>
</closer>
</div2>
<pb n="949_" ed="gammelslawsoftexas" /><pb ed="unknown" n="31" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER XXXIX.</head>
<opener>
<salute>An Act requiring County Clerks to take charge of the Records of County Surveyor's Office, in certain cases.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That whenever an organized county, within the State of Texas, from any cause, has not a qualified County Surveyor, the County Clerk of each and every one of such counties is hereby re<pc force="weak">-</pc><lb break="no" />quired to take charge of all records, maps, and papers, belonging to County Surveyor’s office, and safely keep the same in his office.</p>
<p>sec. 2. That the County Judges are hereby required to appoint such person or persons, from time to time, as County Surveyors, as are qualified, and will accept such appointment, to do and perform all the duties of a County Surveyor, and be entitled to such fees for all field work as the party or parties requiring the work done may contract to pay. To the field notes of all surveys made, said sur<pc force="weak">-</pc><lb break="no" />veyor will certify, under oath, before the County Judge, according to existing laws; Provided, nothing herein contained shall be so construed as to prevent County Surveyors, When duly elected and qualified, from performing the duties of their office.</p>
<p>Sec. 3. That this act take effect from and after its passage.</p>
<closer>
<dateline>Approved <date>October 18, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XL.</head>
<opener>
<salute>An Act to repeal an Act prescribing the order of determining cases in the Supreme Court, approved February 7, 1861; and also an Act approved February 21, 1861, entitled “An Act to amend the first Section of an Act entitled “An Act prescribing the order of determining cases in the Supreme Court, approved February 7, 1861</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That an act entitled “An act prescribing the order of determining cases in the Supreme Court, approved February 7, <pb n="950_" ed="gammelslawsoftexas" /><pb ed="unknown" n="32" /><fw type="header" place="top">Laws of the State of Texas.</fw>1861,” and also an act approved December 27, 1861, entitled ‘‘An act to amend the 1st Section of an act entitled an act prescribing the order of determining cases in the Supreme Court, approved February 7th, 1861,” be and the same are hereby repealed.</p>
<p>Sec. 2. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>October 19, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XLI.</head>
<opener>
<salute>An Act supplemental to and amendatory of an act entitled An Act to regulate proceedings in the District Courts, approved May 13, 1846.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That in all suits for the trial, of the title to land, where the field notes of the survey call to run to a line in the prairie, and where there are no objects along which the line might be marked, the course and distance of a line so calling for another, may be varied so as to connect with the line so called for, where the same has been or may be ascertained and determined by actual survey.</p>
<p>Sec. 2. That titles to land which may have been deposited in the General Land Office subsequently to the time when the land em<pc force="weak">-</pc><lb break="no" />braced by such titles had been located or surveyed, by virtue of valid land warrants or certificates, shall not be received as evidence of superior title to the land, against any such location or survey, un<pc force="weak">-</pc><lb break="no" />less such elder title had been duly recorded in the office of the County Clerk of the county where the land may have been situated, prior to the location and survey, or the party having such location or survey made had actual notice of the existence of such elder title before he made such location or survey.</p>
<p>Sec. 3. That this act-take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>October 20, 1866</date>.</dateline>
</closer>
</div2>
<pb n="951_" ed="gammelslawsoftexas" /><pb ed="unknown" n="33" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER XLII.</head>
<opener>
<salute>An Act to organize and define the Powers of a Court of Criminal Jurisdiction for the Counties of Galveston and Harris, and to prescribe the duties thereof.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That there is hereby created a Court of original and exclu<pc force="weak">-</pc><lb break="no" />sive criminal jurisdiction in all cases of felony, for the counties of Galveston and Harris, and the Judge thereof shall, by virtue of his. office, have all the powers and perform all the duties appertaining to Judges of District Courts within this State, in all criminal mat<pc force="weak">-</pc><lb break="no" />ters, and to grant all such writs and process as the District Judge can or may do in the execution of the criminal laws of the State, and shall have and exercise appellate jurisdiction, and the same general control over inferior tribunals, in said counties, in crim<pc force="weak">-</pc><lb break="no" />inal cases, as is now exercised by said District Court; and all appeals from judgments of said court, created by this Act, shall be to the Supreme Court, in the same manner as now provided by law for appeals in criminal cases from District Courts.</p>
<p>Sec. 2. The Judge of said Court shall have power to grant, on application to him, writs of habeas corpus and mandamus.</p>
<p>Sec. 3. The said Court, in each county, shall have a seal similar to those of the District Court, with the words, “Criminal Court of - County” engraved thereon, an impression of which seal shall be attached to all writs and other process issuing from said Court, and shall be used in the authentication of all official acts of the Clerk of said Court.</p>
<p>Sec. 4. Said Judge shall hold a term of said Court in the city of Houston on the second Monday in December, one thousand eight hundred and sixty-six, and in the city of Galveston on the second Monday in January, one thousand eight hundred and sixty<pc force="weak">-</pc><lb break="no" />seven, and on the second Monday of each succeeding month alter<pc force="weak">-</pc><lb break="no" />nately in the cities of Houston and Galveston, and at such other times as said Judge may order and appoint.</p>
<p>Sec. 5. The practice in the said Court shall be conducted ac<pc force="weak">-</pc><lb break="no" />cording to the laws now in force, governing the practice of the District Courts, and the rules of evidence and pleading in the Dis<pc force="weak">-</pc><lb break="no" />trict Courts shall govern, except so far as hereinafter altered.</p>
<p>Sec. 6. The District Courts of Galveston and Harris coun<pc force="weak">-</pc><lb break="no" />ties shall retain and have jurisdiction of all criminal causes which may be pending in said Courts when this Act takes effect, unless <pb n="952_" ed="gammelslawsoftexas" /><pb ed="unknown" n="34" /><fw type="header" place="top">Laws of the State of Texas.</fw>the same are transferred and disposed of in the manner herein provided. At the first term of the District Court holden in said counties, respectively, after this Act takes effect, the Court shall, in each criminal cause where the defendant appears in person, cause an order to be entered in the records of the Court, trans<pc force="weak">-</pc><lb break="no" />ferring such cause to the Criminal Court of the same county, and the defendant or defendants so appearing shall be required by the same order to enter into bond or recognizance in such sum as the said District Court may determine, with sureties satisfactory to the Court, conditioned that the defendant or defendants shall appear before the Criminal Court of the same county, on the first day of the next term thereof, and answer to the indictment in the said cause, and remain from day to day, and from term to term, in said Criminal Court, until the cause is disposed of, and abide the order of the Court therein; and in case any defendant shall neglect or refuse to enter into such bond or recognizance, he shall be, by Order of the Court, immediately committed to the jail of the county, there to remain until he shall enter into such bond or recognizance, or shall be thence discharged by due course of law And it shall be the duty of the Clerk of the District Court of said counties, immediately after the transfer of any cause to said Crim<pc force="weak">-</pc><lb break="no" />inal Court, to furnish to the Clerks thereof all the papers in the District Court pertaining to such cause, and a certified copy of all orders and other proceedings relating thereto; and it shall be the duty of the Clerk of said Criminal Court to enter the same on the docket of said Court, the same as original causes, together with all the orders made therein in the District Court; and thereupon the said Criminal Court shall have as full power to hear, try and determine the said cause as if the same had been originally com<pc force="weak">-</pc><lb break="no" />menced therein. And in all cases of indictments heretofore found in the District Courts of said counties of Galveston and Harris, in which the defendant or defendants have not been arrested, the Clerk of the District Court in which such indictment has been found shall immediately transfer the same to the Criminal Court of the same county and all process in said cases shall thereafter issue from and be returnable to said Criminal Court. And when<pc force="weak">-</pc><lb break="no" />ever a defendant in such indictment shall be arrested, he may in all bailable cases give bail for his appearance at the next term, of said Criminal Court, and in default thereof shall be committed to the jail of the county, and there kept to abide the order of said Criminal Court.</p>
<p>Sec. 7. There shall be elected by the qualified voters of said counties of Galveston and Harris on the second Monday in <pb n="953_" ed="gammelslawsoftexas" /><pb ed="unknown" n="35" /><fw type="header" place="top">Laws of the State of Texas.</fw>November, one thousand eight hundred and sixty-six, a Judge of said Court, who shall hold his office until the regular election on the first Monday in August, in the year one thousand eight hun<pc force="weak">-</pc><lb break="no" />dred and seventy, on which day, and at the geenral election every four years thereafter, there shall be an election for Judge of said courts, and the Judge shall hold his office until his successor is elected and qualified, and shall receive the same salary as Judges of the District Courts.</p>
<p>Sec. 8. There shall be elected at the same time by the quali<pc force="weak">-</pc><lb break="no" />fied voters of Galveston and Harris counties, a District Attorney for said court, who shall hold his office until the regular election on the first Monday in August, in the year one thousand eight hundred and seventy, on which day, and at the general election every four years thereafter, there shall be an election for District Attorney for said court, and the District Attorney shall hold his office until his successor is elected and qualified, and who, be<pc force="weak">-</pc><lb break="no" />fore entering on the duties of his office, shall enter into bond in the same amount as District Attorneys of the District Court, with like conditions, to be approved by the Judge of said court, and shall take and subscribe to the same oath prescribed by the Con<pc force="weak">-</pc><lb break="no" />stitution, which oath and bond shall be deposited with the Comp<pc force="weak">-</pc><lb break="no" />troller of Public Accounts, and shall not be void on the first re<pc force="weak">-</pc><lb break="no" />covery, and the duties of the said attorney shall be the same in said court as other District Attorneys in the District Courts, and he shall receive the same salary; Provided, that the salaries of the Judge and District Attorney shall be paid in equal portions by said counties of Harris and Galveston; and all fines, forfeitures and penalties adjudged by and pronounced by said court shall, when collected, be paid into the treasury of the county in which the trial and conviction was had, by the clerk of said court; and when criminals are sentenced by the court to hard labor in the county work-house, or on public or private works, the County Judge where the trial was had shall employ or hire out such crim<pc force="weak">-</pc><lb break="no" />inals for the term of their sentence, for such wages as may seem to him for the best interests of the county, and such wages, fines, forfeitures and penalties shall be paid into the County Treasury for the sole use and benefit of the county to which the same is paid and belongs.</p>
<p>Sec. 9. The Judge and Attorney aforesaid shall only be re<pc force="weak">-</pc><lb break="no" />moved from office according to the mode prescribed by the Con<pc force="weak">-</pc><lb break="no" />stitution and laws in cases of other Judges and District Attorneys.</p>
<p>Sec. 10. There shall be appointed by said Judge a clerk of said court for each of said counties, who shall be removable by said Judge at any time for misconduct, misfeasance or malfeas<pc force="weak">-</pc><lb break="no" /><pb n="954_" ed="gammelslawsoftexas" /><pb ed="unknown" n="36" /><fw type="header" place="top">Laws of the State of Texas.</fw>ance in office; and in case of death, resignation or otherwise, by which said office shall become vacant, the Judge shall appoint a clerk to fill the vacancy; and each of the clerks so appointed shall, before entering. upon the duties of his office, enter into bond in the sum of five thousand dollars, conditioned as the bonds of the Clerks of the District Courts, to be approved by the Judge of said court, and take and subscribe the oath prescribed by the Constitu<pc force="weak">-</pc><lb break="no" />tion and laws, which oath and bond shall be deposited and recorded in the County Clerk’s office; the duties of said clerks shall be the same in all matter appertaining to said court as duties of Clerks of the District Court, and he shall have like power, and shall re<pc force="weak">-</pc><lb break="no" />ceive as salary, in addition to other fees to which he may be en<pc force="weak">-</pc><lb break="no" />titled under this act, one thousand dollars a year, to be paid by the County Court of the county.</p>
<p>Sec. 11. The fees of the Attorney and Clerk of said Court shall be the same as allowed by law to clerks and attorneys of the Dis<pc force="weak">-</pc><lb break="no" />trict Court, and shall be collected in like manner, except when by law any portion was paid by the State, the same shall now be paid by the county in which the fee accrued.</p>
<p>Sec. 12. The County Judges of the said counties of Harris and Galveston, when notified by the Governor of the passage of this act, shall give ten days’ notice, by proclamation published in some newspaper published in their respective counties, of the time of holding the election provided for in the preceding sections. The said election shall be conducted, and the returns made, as in ordi<pc force="weak">-</pc><lb break="no" />nary cases; but the returns shall be opened on the fifth day after the election, not to include election day, by the Judges of the County Court of said counties of Harris and Galveston, respect<pc force="weak">-</pc><lb break="no" />ively; and the Judge of the County Court of Harris county is au<pc force="weak">-</pc><lb break="no" />thorized to grant certificates of election to the persons receiving the highest number of votes for Judge and Attorney of said Court, and the Judge of the County Court of Galveston county shall make such returns to the Judge of the County Court of Harris county.</p>
<p>Sec. 13. Any person intending to contest the elections may do so according to the general law of elections.</p>
<p>Sec. 14. The County Court of said counties of Harris and Galveston, in the manner and under the same rules and regula<pc force="weak">-</pc><lb break="no" />tions prescribed in Title IV, Chapter 1, of the Code of Criminal Procedure, shall, on the third Monday in October and April of each year, meet at the court-house of their respective counties, and select not less than forty-five, nor more than sixty Grand Jurors, qualified as required by the law above referred to, and shall allot the service of said jurors as follows: They shall divide the <pb n="955_" ed="gammelslawsoftexas" /><pb ed="unknown" n="37" /><fw type="header" place="top">Laws of the State of Texas.</fw>number drawn by three, and cause to be made out three lists, num<pc force="weak">-</pc><lb break="no" />bered one, two and three. Those jurors in the first list shall serve on the first term of said Court, and the jurors on the second and third lists shall serve at the succeeding second and third terms of said court respectively. Copies of said lists shall be furnished by the Clerk of the County Court to the Clerk of the Court created by this Act, who shall thereupon issue a writ to the sheriff of the county, directing him to summon the said jurors, whose names have been furnished him, to attend at the proper time; and thereupon it shall be the duty of the sheriff to summon the persons, aforesaid to at<pc force="weak">-</pc><lb break="no" />tend the said Court, by giving each one a written notice, wherein shall be set forth the term of Court, by the day of the month his attendance is required.</p>
<p>Sec. 15. All laws and regulations of the Code of Criminal Pro<pc force="weak">-</pc><lb break="no" />cedure and Penal Code, governing Grand Jurors in general, shall be applicable in this Court.</p>
<p>Sec. 16. The sheriff of said counties of Galveston and Harris shall attend upon the said Court, and receive the same fees to which the are entitled by law, and shall be punishable for misfeasance and malfeasance in office by the laws as now in force.</p>
<p>Sec. 17. After indictment is found, the District Attorney of said Court shall not enter in any case a “nolle prosequi,” dismissing said case from the docket, until he has made out a written statement, set<pc force="weak">-</pc><lb break="no" />ting forth the causes therefor, which shall be submitted to the Court for his approval. If the Court approves of the same in writ<pc force="weak">-</pc><lb break="no" />ing, then the District Attorney may dismiss the said cause, and the said statement and approval shall be filed with the papers in said cause.</p>
<p>Sec. 18. That this Act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>October 20, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XLIII.</head>
<opener>
<salute>An Act granting relief to purchasers of University Lands.</salute>
</opener>
<p>Section. 1. Be it enacted by the Legislature of the State of Texas, That all purchasers of University Lands shall have until the first day of January, eighteen hundred and sixty-nine, to mate payment of the interest due the University fund for said land.</p>
<pb n="956_" ed="gammelslawsoftexas" /><pb ed="unknown" n="38" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Sec. 2. That no forfeiture shall accrue by reason of the failure of purchasers to pay the interest due said fund, previous to the time mentioned in the 1st section of this Act; and that this Act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>October 20th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XLIV.</head>
<opener>
<salute>An Act to repeal An Act to suspend the location, survey, and sale of the public lands, except in certain cases. Approved December 14. 1863.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That an Act to suspend the location, survey and sale of the public lands, except in certain cases, approved December 14, 1863, be and the same is hereby repealed; and that the public lands of the State shall, from and after the passage of this act, be subject to lo<pc force="weak">-</pc><lb break="no" />cation, survey and sale, the same as though the act hereby repealed had not been passed; Provided, That all surveys made prior to the passage of this Act, and since the first day of October, A. D., 1865, in accordance with the provisions of section 5, of an Act entitled ‘'An Act to amend the second, fifth, eighth and ninth sections of an Act to authorize the sale of the public domain,” approved February 1st, 1860, shall be as valid as if the Act above repealed had not been in force, and the same proceedings shall be had thereon as is provided in said section five; and six months after the passage of this Act shall be allowed the person having the survey made to make payment for the land; and that this Act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>October 20th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XLV.</head>
<opener>
<salute>An Act making an appropriation to defray the expenses of removing the obstructions in the channel of Sabine Pass.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of two thousand dollars currency, or so much thereof as may be necessary, be and the same is hereby ap<pc force="weak">-</pc><lb break="no" /><pb n="957_" ed="gammelslawsoftexas" /><pb ed="unknown" n="39" /><fw type="header" place="top">Laws of the State of Texas.</fw>propriated to defray the expenses of removing the obstructions in the channel of Sabine Pass, placed there by the authorities of the Confederate States government during the late war.</p>
<p>Sec. 2. That K. D. Keith, is hereby constituted and appointed the agent of the State to award the contract for the removal of said obstructions, and said agent shall advertise in at least one newspa<pc force="weak">-</pc><lb break="no" />per in the city of Galveston, and one in the city of Houston, for a period of thirty days for proposals to do the work contemplated by this Act, and shall award the contract to the lowest bidder, specify<pc force="weak">-</pc><lb break="no" />ing in such contract the work to be performed, and within what time.</p>
<p>Sec. 3. That so soon as such obstructions are removed in accord<pc force="weak">-</pc><lb break="no" />ance with the terms of such contract, said agent shall report the same under oath to the Comptroller of the State, which said report, so made, shall be sufficient to authorize the Comptroller to issue his warrant on the Treasurer for the amount due for such work.</p>
<p>Sec. 4. That this Act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved, <date>October 20, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XLVI.</head>
<opener>
<salute>An Act to legalize the election of the Judge and District Attorney of the 12th Judicial District.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the Governor of the State of Texas be and he is here<pc force="weak">-</pc><lb break="no" />by authorized to commission Stephen Powers, District Judge, and Edward Daugherty, District Attorney of the 12th Judicial District, in like manner as though the returns of the election had been made within the time prescribed by law.</p>
<p>Sec. 2. That this Act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>October 22, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XLVII.</head>
<opener>
<salute>An Act to legalize the acts of the County Court of Washington County.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the acts and proceedings of the County Court, reg<pc force="weak">-</pc><lb break="no" /><pb n="958_" ed="gammelslawsoftexas" /><pb ed="unknown" n="40" /><fw type="header" place="top">Laws of the State of Texas.</fw>ulating matters probate of Washington County, be and the same is hereby declared legal and valid, as fully and amply as if the said Court had held its sessions on the last Monday in each and every month.</p>
<p>Sec. 2. That this Act take effect and be in force from and after the 31st day of December next.</p>
<closer>
<dateline>Approved <date>October 24, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XLVIII.</head>
<opener>
<salute>An Act creating the office of State Librarian.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the office of State Librarian is hereby created, and the Governor shall appoint a suitable and competent person to fill said office, who shall hold his office for the period of four years, re<pc force="weak">-</pc><lb break="no" />movable by the Governor for incompetency or neglect of duty.</p>
<p>Sec. 2. The State Librarian, before entering upon the duties of his office, shall enter into a bond, payable to, and to be approved by the Governor, in the sum of five thousand dollars, conditioned for the faithful performance of his duties, and also take the oath of office.</p>
<p>Sec. 3. Said Librarian shall have special charge and supervision of the Library, shall keep it open for the use of the public, and when the Legislature is in session he shall remain in the Library during the sittings of either body. He shall keep a complete cata<pc force="weak">-</pc><lb break="no" />logue of all the books in the Library, and arrange the same so as to be accessible and convenient for persons to examine; and in every<pc force="weak">-</pc><lb break="no" />thing conform to such rules and regulations as may from time to time be prescribed by the Secretary of State; and the Librarian shall not permit any person whomsoever to take books from the Library until they comply with such rules and regulations. He shall also have charge of the public buildings and grounds for the protection and preservation of the public property, and it shall be his duty to preserve the same from waste and destruction, and the walls of the buildings from being defaced.</p>
<p>Sec. 4. Members of the State Legislature, and all other State officers, who reside in the city of Austin, shall be en<pc force="weak">-</pc><lb break="no" />titled to take any book or books from the Library for the purpose of <pb n="959_" ed="gammelslawsoftexas" /><pb ed="unknown" n="41" /><fw type="header" place="top">Laws of the State of Texas.</fw>reading the same, by receipting therefor, and books so taken must be returned within two weeks.</p>
<p>Sec. 5. It shall be the duty of the State Librarian to publish the names of all persons who have receipted for books and failed to return the same. The notice shall contain the title of the book or books, the date when taken from the Library, and the residence of the party, and shall be published in some newspaper at Austin six successive weeks, before the meeting of every regular or called session of the Legislature.</p>
<p>Sec. 6. The State Librarian shall, in addition to the duties hereinbefore prescribed, be the keeper of all furniture and other property appertaining to either of the two Houses of the Legisla<pc force="weak">-</pc><lb break="no" />ture and the Supreme Court room, and shall receive and receipt for the same, and shall be responsible, on his official bond, for the safekeeping and preservation of such furniture and other property.</p>
<p>Sec. 7. The State Librarian shall be paid an annual salary of one thousand dollars.</p>
<p>Sec. 8. That this Act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>October 24th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XLIX.</head>
<opener>
<salute>An Act authorizing the Court of Police to district the Counties of the State in Commissioners’ Districts.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the Police Court of each county in this State may, at some regular session thereof, before the next general election, divide their respective counties into four Districts, as nearly equal as possible in territory as may be, by alloting to each District en<pc force="weak">-</pc><lb break="no" />tire voting precincts; and at the next general election, and every four years thereafter, one County Commissioner shall be elected for and reside in each of said Districts, by the qualified voters of the county, who shall hold their office until their successors are elected and qualified.</p>
<p>Sec. 2. That this act shall not be so construed as to compel any Court of Police to divide the county into Commissioners’ Dis<pc force="weak">-</pc><lb break="no" />tricts. as contemplated in the first section of this act.</p>
<p>Sec. 3. That this Act be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>October 24, 1866</date>.</dateline>
</closer>
</div2>
<pb n="960_" ed="gammelslawsoftexas" /><pb ed="unknown" n="42" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER L.</head>
<opener>
<salute>An Act to provide for the release of children or other persons, citizens of the State of Texas, who are, have been, or may bere<pc force="weak">-</pc><lb break="no" />after be held as prisoners of war by the Indians.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of two thousand five hundred dollars, or so much thereof as may be necessary, be and the same is hereby ap<pc force="weak">-</pc><lb break="no" />propriated out of any of the funds now in the Treasury, not other<pc force="weak">-</pc><lb break="no" />wise appropriated, to be used by the Governor, under such rules as he may prescribe, in procuring the release of children or other persons, citizens of this State, who are now, have been, or may bereafter be held as prisoners of war by the Indians.</p>
<p>Sec. 2. That this Act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>October 24th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER LI.</head>
<opener>
<salute>An Act to authorize the Governor to subscribe for a Treatise on the Civil Jurisdiction of Justices of the Peace and County Courts.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas. That the Governor be authorized to subscribe for a suffi<pc force="weak">-</pc><lb break="no" />cient number of copies of a Treatise on the Civil Jurisdiction of Justices of the Peace and County Courts, by John Sayles, Esq., to supply each County Court and each Justice of the Peace with one copy each, and also an additional number of one hundred copies to be placed in the Department of State.</p>
<p>Sec. 2. That it shall be the duty of the Secretary of State to distribute the above named work among the officers entitled to receive the same, taking the receipt of such officer therefor; and said book shall be deemed to belong to the office of said officer to whom it is delivered, and shall at all reasonable hours be sub<pc force="weak">-</pc><lb break="no" />ject to the inspection and examination of any citizen of this State; and should any of said officers fail or refuse to deliver said book to his successor in office when demanded by him, the officer so failing or refusing shall be liable to pay such successor the costs and charges that may be necessary to supply the office of such successor with said book.</p>
<pb n="961_" ed="gammelslawsoftexas" /><pb ed="unknown" n="43" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Sec. 3. That the sum of five thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropri<pc force="weak">-</pc><lb break="no" />ated, out of any money not otherwise appropriated, to carry out the provisions of this act.</p>
<p>Upon the delivery of said work at such place as shall be desig<pc force="weak">-</pc><lb break="no" />nated by the Governor, he shall direct the Comptroller to draw his warrant for the amount due, according to the terms of his con<pc force="weak">-</pc><lb break="no" />tract, and the Treasurer shall pay the same.</p>
<p>Sec. 4. This Act shall take effect from and after its passage.</p>
<closer>
<dateline>Approved <date>October 24th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER LII.</head>
<opener>
<salute>An Act to discharge Firemen from serving on Juries.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That each and every fireman belonging to any regularly organized Fire Company, who are provided with engines and nec<pc force="weak">-</pc><lb break="no" />essary appliances, doing duty in any incorporated city, who shall have served as an active fireman for a period of seven years after the passage of this act, shall, upon receiving from the Mayor of such city a written certificate that such service has been per<pc force="weak">-</pc><lb break="no" />formed, be exempt from jury duty thereafter in the county where such service was rendered.</p>
<closer>
<dateline>Approved <date>October 24th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER LIII.</head>
<opener>
<salute>An Act to organize the County Courts, and to Define the Powers and Jurisdiction thereof.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the Judges of the several County Courts shall, by virtue of their offices, be conservators of the peace, through their respective counties. In addition to the fees of office heretofore allowed by law to the Chief Justices of the several counties, he shall be entitled to demand and receive the sum of three dollars, which shall be taxed in the bill of costs, against the party east in the suit. In all criminal cases the party convicted shall pay the sum of three dollars, to be taxed <pb n="962_" ed="gammelslawsoftexas" /><pb ed="unknown" n="44" /><fw type="header" place="top">Laws of the State of Texas.</fw>as aforesaid, in the bill of costs, and when collected, shall be paid into the County Treasury. The County Judge may receive a sal<pc force="weak">-</pc><lb break="no" />ary to be fixed by the Police Court, not to exceed the sum of two hundred and fifty dollars per annum, to be paid out of the County Treasury.</p>
<p>Sec. 2. The Judges of the Comity Court shall be liable to re<pc force="weak">-</pc><lb break="no" />moval from office for neglect of duty, incompetency, or malfeas<pc force="weak">-</pc><lb break="no" />ance, on the complaint of any person, by petition, filed in the Dis<pc force="weak">-</pc><lb break="no" />trict Court of the county, and service had as in other cases; the accused party to be allowed all legal defences, and to plead and answer as in other suits.</p>
<p>Sec. 3. In addition to the powers and jurisdiction of the County Courts, as now conferred by law, said courts shall have original, concurrent jurisdiction of all suits against the county which may be allowed by law, and to hear and determine all suits or prosecu<pc force="weak">-</pc><lb break="no" />tions in the name of the State, by presentment, or information, or indictment, for misdemeanors or petty offences, as the same are now, or may bereafter be, defined by law; also, of all suits for the recovery of specific property, or the value thereof; torts, trespasses, or injuries to person or property; also, of all breaches or violations of the revenue laws of the State; of all suits for the recovery of money on any account, bill, bond, note, or other instrument in writing, And the enumeration herein shall not prevent said courts from having and exercising jurisdiction in all matters properly cognizable by them; Provided, however, that the sum sought to be recovered, or the value of the specific article of property, or the amount in controversy be not less than one hundred dollars, and do not exceed five hundred dollars, inclusive of interest; Provided, further, that the County Court shall not have jurisdiction to try any action of trespass, to try title to land, nor of any suit for di<pc force="weak">-</pc><lb break="no" />vorce, or alimony, or actions of slander, or to enforce vendors’ liens, or for the foreclosure of mortgages, on land.</p>
<p>Sec. 4. For the trial of all suits growing out of matters enumer<pc force="weak">-</pc><lb break="no" />ated in the preceding Section, there shall be begun and holden at the court-houses of the respective counties throughout this State, a term of the County Court, commencing on the first Mondays in February, April, June, August, October and December, of each year, and may remain in session until the business is disposed of.</p>
<p>Sec. 5. All laws regulating proceedings in the District Courts are hereby made applicable to the County Courts, except in so far as the same may be controlled by or in conflict with the provisions of this act.</p>
<pb n="963_" ed="gammelslawsoftexas" /><pb ed="unknown" n="45" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Sec. 6. The Judges of the County Courts, either in vacation or term time, shall have power to grant, on petition, writs of man<pc force="weak">-</pc><lb break="no" />damus, injunction, sequestration, attachment, and other remedial writs, and all other processes necessary to enforce their own juris<pc force="weak">-</pc><lb break="no" />diction, returnable according to law; Provided, the same have respect to matters over which said County Courts may or can have jurisdic<pc force="weak">-</pc><lb break="no" />tion in their respective counties; and Provided, further, that no per<pc force="weak">-</pc><lb break="no" />emptory mandamus shall be granted without notice; and Provided, further, that no writ of mandamus shall be sued out, before a County Judge, against any head of the departments of the Govern<pc force="weak">-</pc><lb break="no" />ment.</p>
<p>Sec. 7. Where any Judge of a County Court shall be disqualified by reason of interest in the cause pending, or where he may be con<pc force="weak">-</pc><lb break="no" />nected with any of the parties, by consanguinity or affinity in the third degree, or where he may have been counsel in the cause, the parties may, by consent, appoint some other person to try the case, and his acts and decisions shall be as valid as if done by the Judge; Provided, that where the parties fail to agree upon such person, on or by the close of the term to which the writ is returnable, the suit shall be removed into the District Court of the county, for adjudica<pc force="weak">-</pc><lb break="no" />tion therein; and it shall be the duty of the Clerk of the County Court, immediately upon the adjournment of the same, to transmit, without delay, all of the original papers in the cause to the Clerk of the District Court of his county, in a sealed envelope, accompanied by a certificate, under his hand and seal of court, certifying to the disqualification of the County Judge, and to the failure of the par<pc force="weak">-</pc><lb break="no" />ties to agree upon a special Judge, and the case shall stand for trial in the District Court as an original suit; and all costs of proceedings had, under this Section, shall be taxed against the party cast in the suit.</p>
<p>Sec. 8. The Clerks of the several County Courts shall receive such compensation under the provisions of this act as is now received by the Clerks of the District Courts for similar services.</p>
<p>Sec. 9. The Sheriffs of the several counties shall attend each term of the County Court, and shall receive such compensation for their services as is now allowed for similar services in the District Court.</p>
<p>Sec. 10. If any party to a suit in the County Court, under the provisions of this act, shall desire to introduce in evidence any instrument of writing which is of record in the office of the Clerk of the County Court, it shall not be deemed requisite to procure certified copies from the clerk, but the record book which <pb n="964_" ed="gammelslawsoftexas" /><pb ed="unknown" n="46" /><fw type="header" place="top">Laws of the State of Texas.</fw>contains the writing sought to be used, may be introduced, and the required instrument read from its pages: Provided, however, that before any record book can be thus used, the adverse party shall have one day's notice, in writing, before the case is called for trial, of the particular instrument or instruments, in writing, thus sought to be used, which notice shall designate the book and page therein where the same may be found of record; Provided, also, that no instrument of record can thus be used in evidence until the loss of the original is accounted for, in the manner now required by law; Provided, fur<pc force="weak">-</pc><lb break="no" />ther, that in appealed cases from the County Court to the District Court, the clerk shall make out certified copies of all instruments of record that were read in evidence, under the provisions of this Section, and forward the same, with other papers, to the Dis<pc force="weak">-</pc><lb break="no" />trict Clerk; and this Section shall not be construed to refer to any county records, other than the records of the county wherein the snit is pending.</p>
<p>Sec. 11. Application's for continuance shall be governed by the laws regulating the same in the District Court; Provided, that it shall be within the discretion of the Court to tax the applicant for a continuance, with all costs that may have accrued up to the date of granting the same.</p>
<p>Sec. 12. witnesses, when summoned to attend Court, shall be allowed a compensation of one dollar and a half for each days at<pc force="weak">-</pc><lb break="no" />tendance, and ten cents per mile for every mile they may have to travel in going to and returning from the Court-house. And no fine shall be imposed upon a witness, nor shall any attachment issue against his. body, until it is shown to the Court, by the affidavit of the party, his agent or attorney, that the mileage and compensation aforesaid have been tendered to the witness.</p>
<p>Sec. 13. Witnesses who have been duly summoned, and who re<pc force="weak">-</pc><lb break="no" />main in attendance upon the Court, whether they have been called to testify or not, shall, at any time during the term, or upon ad<pc force="weak">-</pc><lb break="no" />journment of Court, make an affidavit, in writing, before the Clerk thereof, stating the number of days’ attendance, and the distance they have been compelled to travel in going to and returning from the Court, which affidavit shall be filed by the Clerk among the papers in the cause. And where a party has advanced the mileage and per diem, (as contemplated in the preceding section,) the wit<pc force="weak">-</pc><lb break="no" />ness shall nevertheless be required to make tile affidavit as provided for by this section, and all witness fees and mileage shall be taxed in the bill of costs against the party cast in the suit.</p>
<pb n="965_" ed="gammelslawsoftexas" /><pb ed="unknown" n="47" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Sec. 14. In all civil suits in the County Court, the depositions of witnesses may be taken and returned under the same rules and regulations as are prescribed by law in the District Court.</p>
<p>Sec. 15. At least twenty days before a term of the County Court, there shall be drawn, in the manner now prescribed by law, the names of twelve persons to serve as jurors at said term; and on the first day of the term the names of all the jurors upon the venire shall be called, and thereupon two petit juries, to consist of six men each, shall be organized under the direction of the Court, to be known as panels number one and two, for the trial of civil cases; and the juries so organized shall take the following oath, to be administered by the Clerk or Judge, viz: “You, and each of you, do solemnly swear, that in all cases between parties which shall be committed to you, that you will a true verdict render therein, according to law and evidence, so help you God.”</p>
<p>Sec. 16. On the last clay of each term of the County Court, under the provisions of this Act, it shall be the duty of the Clerk to make out and deliver to each juror a certificate in writing, signed by him officially, and sealed with the seal of his Court, which shall state the number of days the juror, has been in attendance, and the amount due him for such service, at the rate of one dollar and fifty cents per day, which said certificate shall, on presentation to the County Treasurer, be paid by him, and shall be a sufficient voucher in his hands.</p>
<p>Sec. 17. In all civil suits that may bereafter be commenced in the County Courts under the provisions of this Act, a jury fee of three dollars shall be taxed in the bill of costs, and collected as other costs of suit.</p>
<p>Sec. 18. Upon the adjournment of each term of the County Court, convened under this Act, it shall be the duty of the Clerk to pay over to the County Treasurer all monies that he may have received by virtue of the previous section, as well as all fines imposed on jurors, or upon officers of the Court, or other persons, for con<pc force="weak">-</pc><lb break="no" />tempt or for violation of the penal laws of this State, and he shall furnish the Treasurer a written statement, specifying each item of money paid over under this section.</p>
<p>Sec. 19. In all cases, at the request of either party, it shall be the duty of the County Judge, or the person presiding as such, to deliver a written charge to the jury upon such questions of law as mar be applicable to the ease.</p>
<p>Sec. 20. All laws now in force concerning juries shall be held <pb n="966_" ed="gammelslawsoftexas" /><pb ed="unknown" n="48" /><fw type="header" place="top">Laws of the State of Texas.</fw>to apply to the County Court, except in so far as the same may be controlled or in conflict with the provisions of this Act.</p>
<p>Sec. 21. Appeals to the District Court may be taken in all civil suits from the judgment or decree of the County Court; Provided, the party who intends to appeal shall give notice in open Court, after his motion for a new trial shall have been overruled by the Court, and shall, within ten days after the adjournment thereof, enter into a bond, with two or more good and sufficient sureties, to be approved by the County Clerk, in double the amount of the debt or damages or value of the property adjudged, conditioned for the prosecution of the appeal with effect, and for the performance of the judgment, sentence or decree of the District Court; and no case which may be brought up by appeal from the County Court to the District Court can be appealed thence to the Supreme Court, where the value of the property or the. amount in controversy is less than two hundred dollars; provided no Constitutional question is involved; And pro<pc force="weak">-</pc><lb break="no" />vided further, that if the District Judge shall he satisfied, upon the trial of an appealed case from the County Court, that the appeal was frivolous, vexatious, or fox delay, he shall enter up judgment, affirming the judgment of the Court below, with ten per cent, dam<pc force="weak">-</pc><lb break="no" />ages.</p>
<p>Sec. 22. The filing of the appeal bond above specified shall be all that is requisite to entitle the party to have the cause removed into the District Court, after notice in open Court, as aforesaid; and no statement of facts, nor assignment of errors, nor bill of exceptions, shall accompany the record into the District Court, but it shall be the duty of the Clerk, upon the filing of the appeal bond, to transmit in a sealed envelope, directed to the Clerk of the District Court, all the original papers in the case, together with such orders, judg<pc force="weak">-</pc><lb break="no" />ments and decrees as may have been rendered by the County Court during the progress, or upon the final trial of the suit, and he shail transmit the appeal bond, and a taxation of all costs that may have accrued in his Court, with the other papers in the cause, and the cause shall be docketed and stand as an appearance case for trial de novo in the District Court; and the judgment which is rendered therein shall carry with it the costs of both Courts, which shall be taxed upon the execution to be issued out of the District Court.</p>
<p>Sec. 23. No other notice oi appeal shall be required than a notice in open court, but upon the filing of the appeal-bond, and the transmission of the papers to the Clerk of the District Court, to be entered of record, both parties shall be considered <pb n="967_" ed="gammelslawsoftexas" /><pb ed="unknown" n="49" /><fw type="header" place="top">Laws of the State of Texas.</fw>in court, when the case shall be called in its order upon the docket.</p>
<p>Sec. 24. In appeals from County Courts to the District Court, no new cause of action shall be set up, or offset pleaded, that was not set up or pleaded in the County Court; but in all other re<pc force="weak">-</pc><lb break="no" />spects proceedings in the County Court shall be governed by the rules regulating proceedings in the District Courts.</p>
<p>Sec. 25. The judgment that the District Court shall render, in cases appealed from the County Court, shall not be certified to the latter for observance, but the Clerk of the District Court shall issue execution as in other cases determined in his court, taxing the cost of both courts in the writ.</p>
<p>Sec. 26. All laws now in force in the District Courts concern<pc force="weak">-</pc><lb break="no" />ing executions, shall be held to apply to the County Courts, where they are not in conflict with the provisions of this act; Provided, that the Cleric shall, within ten days after the adjournment of the Court, (unless otherwise directed by the successful party, his agent or attorney,) tax the cost and issue the writ of fieri facias, or what<pc force="weak">-</pc><lb break="no" />ever writ shall be necessary to carry into effect the judgment of the Court; and any Clerk that shall fail, neglect or refuse to issue the writ provided for by this section, within the time herein speci<pc force="weak">-</pc><lb break="no" />fied, shall be liable to a fine of fifty dollars, to be recovered on motion before the Court, three days’ notice being given thereof. The amount so recovered to go into the jury fund of the County.</p>
<div3 type="section">
<head type="main">OF OFFENCES.</head>
<p>Sec. 27. In the trial of all offences under the grade of felony, as are now, or may bereafter be defined by law, the County Courts shall have original and concurrent jurisdiction within the bounds of their respective counties.</p>
<p>Sec. 28. Upon complaint being made before the County Judge, or the Clerk of the County Court, that an offence has been com<pc force="weak">-</pc><lb break="no" />mitted which said court has jurisdiction to try, it shall be the duty of the Judge or Clerk to reduce the complaint to writing, and cause the same to be signed and sworn to by the complainant, and it shall be duly attested by the Clerk or Judge, and filed. Said com<pc force="weak">-</pc><lb break="no" />plaint shall state the name of the accused, if his name is known, and the offence with which he is charged shall be stated in plain and intelligible words, and it must appear that the offence was committed in the county, and the complaint must show from the date of the offence stated therein, that the offence is not barred by limitation.</p>
<pb n="968_" ed="gammelslawsoftexas" /><pb ed="unknown" n="50" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Sec. 29. Whenever the requirements of the preceding section have been complied with, the Clerk of the County Court, or the Judge thereof, shall issue a warrant for the arrest of the accused. Said warrant is to be in compliance with Article 216, Part III, Title H, Chapter II, of the Code of Criminal Procedure, and the warrant shall be executed in the manner specified in said chapter; Provided, that nothing herein shall be so construed as to prevent the defendant giving bail or entering into recognizance in open court.</p>
<p>Sec. 30. It shall be the duty of the County Attorney, upon the filing of said complaint, to prepare an information in writing, which shall be in compliance with Article 403, Part III, Title IV, Chapter III, of the Code of Criminal Procedure.</p>
<p>Sec. 31. The complaint specified in section thirty of this act may be made before any Justice of the Peace or Notary Public, or before a (the) County Attorney, who for that purpose is author<pc force="weak">-</pc><lb break="no" />ized to administer oaths. But the complaint shall in every in<pc force="weak">-</pc><lb break="no" />stance be filed with the information.</p>
<p>Sec. 32. All writs and criminal process issued out of the County Court shall be made returnable on or before the first day of the succeeding term, and the Criminal Docket shall be taken up on the second day thereof; Provided, however, if the District Court shall conflict with any term of the County Court, then the County Court shall hold its session on the first Monday after the close of the said term of the District Court.</p>
<p>Sec. 33. The venire of twelve men, which has been drawn under the provisions of section fifteen of this Act, shall be empanneled, and sworn as a jury for the trial of criminal cases; and if the jury, by reason of challenges or otherwise, be reduced below that num<pc force="weak">-</pc><lb break="no" />her, the Court shall order the Sheriff to supply their places by summoning, immediately, the requisite number of suitable persons; but the regular venire shall be called in every case; Provided, that neither the State nor defendant shall have more than three per<pc force="weak">-</pc><lb break="no" />emptory challenges; and if more than one defendant is joined in the same trial, each shall have two peremptory challenges.</p>
<p>Sec. 34. In all cases where the fine is over ten dollars, or the imprisonment assessed by the jury exceeds forty-eight hours, the defendant shall have the right of appeal to the District Court, which shall be governed by the provisions of Title VII, Part III, of the Code of Criminal Procedure, where the same are not in con<pc force="weak">-</pc><lb break="no" />flict with the provisions of this Act.</p>
<p>Sec. 35. The State shall have the -right to appeal to the District Court in the cases specified in Title VII, Part III of the <pb n="969_" ed="gammelslawsoftexas" /><pb ed="unknown" n="51" /><fw type="header" place="top">Laws of the State of Texas.</fw>Code of Criminal Procedure; and in all cases of appeal by either the State or the defendant, the original papers in the cause, together with a transcript of the record of all the judgments, orders or de<pc force="weak">-</pc><lb break="no" />crees which may have been rendered by the County Court, shall be forwarded to the District Court, as in civil suits. There shall, also, be forwarded, a statement of facts, and a bill of exceptions to be made out, signed and sealed, in the manner now provided by law for appeals from the District Court to the Supreme Court; and the District Judge shall consider the case so appealed to his Court, upon the record thus sent up, when the same shall be regularly reached on his docket, and he shall enter up such judgment or decree as ought to have been rendered in the Court below, which judgment shall be executed by process issuing out of the District Court. The costs of both Courts to be taxed in the execution to be issued by the Clerk of the District Court.</p>
<p>Sec. 36. Upon the trial of criminal cases in the County Court, where it appears, from the evidence, that the prosecution was friv<pc force="weak">-</pc><lb break="no" />olous, malicious, or without just cause, it shall be the duty of the County Judge to render judgment against the party making the complaint, for all cost; and a jury fee of five dollars shall be taxed against the defendant, if convicted, or against the prosecutor, if he is condemned, for cost.</p>
<p>Sec. 37. The provisions of the Penal Code, and the Code of Crim<pc force="weak">-</pc><lb break="no" />inal Procedure of the State of Texas, and all amendments of the same that may bereafter be made, shall be held to apply to the pro<pc force="weak">-</pc><lb break="no" />ceedings in the County Court, where the same shall not be in con<pc force="weak">-</pc><lb break="no" />flict with the provisions of this Act.</p>
<p>Sec. 38. There shall be appointed by the Police Court of the county, an Attorney for each organized county in the State, who shall hold his office for four years, and who shall give the bonds now required by law to be given by the District Attorney, to be approved by the County Judge of the county, and deposited in the office of the Comptroller of Public Accounts; and the County At<pc force="weak">-</pc><lb break="no" />torney shall, before entering upon the discharge of his duties, be re<pc force="weak">-</pc><lb break="no" />quired to take the oath of office. And it shall be the duty of the County Attorney to represent the county in all cases wherein it may be a party, and to represent the State in all cases wherein she may be a party in the County Court; and he shall, also, in the absence of the District Attorney, represent the State in all proceedings before committing Magistrates; and he shall not act as counsel or attorney for any party to an action in the County Court, where the interest of the party is adverse to that of the State, or of the county: and the duties of the County <pb n="970_" ed="gammelslawsoftexas" /><pb ed="unknown" n="52" /><fw type="header" place="top">Laws of the State of Texas.</fw>Attorney, shall be similar to those prescribed by law for the District Attorney, and he shall receive such fees as the law now provides in like cases for the District Attorney; and it shall be the duty of the County Attorney to attend the sessions of the Police Court, and to perform such duties as it may prescribe, not inconsistent with this section; Provided, that any Attorney so appointed, may be re<pc force="weak">-</pc><lb break="no" />moved from office for incompetency, neglect of duty or malfeas<pc force="weak">-</pc><lb break="no" />ance, on the complaint of any person, by petition filed in the Police Court, and the accused party shall be allowed all legal defence.</p>
<p>Sec. 39. In addition to Mb fees of office, the County Attorney shall receive such sum as the Police Court may allow, not to exceed two hundred and fifty dollars per annum.</p>
<p>Sec. 40. That this act take effect, and be in force from and after the 31st day of December, A. D. 1866.</p>
<closer>
<dateline>Approved <date>October 25th, 1866</date>.</dateline>
</closer>
</div3>
</div2>
<div2 type="act">
<head type="main">CHAPTER LIV.</head>
<opener>
<salute>An Act to amend an act to prohibit the sale of intoxicating liquors in the neighborhood of the Soule University, approved February 9th, 1860.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas. That the above entitled act be, and the same is hereby amended so as to read as follows: That it shall not be lawful to sell give away, barter, or in any manner dispose of any intoxicating or spirituous liquors, within the distance of three miles of the Soule University, in the town of Chappel Hill, in Washington county, un<pc force="weak">-</pc><lb break="no" />less sold by a regular licensed apothecary, solely for medicinal or mechanical purposes; and that any evasion of the provisions of this act shall be held a violation of the same; and any and every person violating the provisions of this act shall be guilty of an offence, and on conviction thereof, before a Justice of the Peace, or by the County Court of said county of Washington, shall be fined in a sum not less than twenty-five dollars, nor more than one hundred dollars, for each offence, for the first conviction, and for a second offence not less than fifty, nor more than one hundred dollars, and may be condemned to hard labor upon the public works of the county or State, for not less than thirty and not more than ninety days.</p>
<p>Sec. 2. That any person who shall sell, give, or deliver any <pb n="971_" ed="gammelslawsoftexas" /><pb ed="unknown" n="53" /><fw type="header" place="top">Laws of the State of Texas.</fw>intoxicating or spirituous liquors to any student or minor, except upon the written order of the parent, guardian or teacher, shall he held guilty of a violation of the provisions of this act, and on conviction thereof shall be fined, in accordance with the provisions of the first section of this act.</p>
<p>Sec. 3. That it shall be the duty of the County Attorney of the county of Washington, to attend to all prosecutions for the vio<pc force="weak">-</pc><lb break="no" />lation of the provisions of this act; Provided, that any person may prosecute anv one violating' the provisions of the same.</p>
<p>Sec. 4. That all fines and forfeitures under this act shall be paid into the County Treasury of said county.</p>
<p>Sec. 5. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Passed <date>October 22, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER LV.</head>
<opener>
<salute>An Act to prohibit the sale of spirituous liquors within three miles of Woodland College.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That it shall not be lawful for any person or persons to sell, barter, or exchange spirit-nous liquors within three miles of Woodland College, in the county of Freestone, State of Texas, except for medicinal purposes, and any person so offending, shall, on conviction thereof, before the proper authority, for each sep<pc force="weak">-</pc><lb break="no" />erate offence, be fined in a sum of not less than fifty, nor more than two hundred and fifty dollars.</p>
<closer>
<dateline>Passed <date>October 25, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER LVI.</head>
<opener>
<salute>An Act to prohibit the sale of spirituous or other intoxicating liquors within four miles of Bosque College and Seminary.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That it shall not be lawful for any person, either with or without a license, to sell, give away, or in any manner dispose of any spirituous or other intoxicating liquors, within four miles of Bosque College and Seminary, except for medical or sacramental purposes. And any person violating the provisions <pb n="972_" ed="gammelslawsoftexas" /><pb ed="unknown" n="54" /><fw type="header" place="top">Laws of the State of Texas.</fw>of this Act, shall, upon conviction, before any court of competent jurisdiction, be fined in any sum not exceeding two hundred dol<pc force="weak">-</pc><lb break="no" />lars; and this Act shall be of force from its passage.</p>
<closer>
<dateline>Passed <date>October 26, 1366</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER LVII.</head>
<opener>
<salute>An Act to regulate the Estraying of Stock in the State of Texas.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That hereafter, when any stray horse, mare, colt, mule, jack, jennet or work ox, shall be found on the plantation or land of any citizen of this State, such citizen may forthwith advertise the same, describing the animal’s color, and specifying the marks and brands, if any; also, giving the age and flesh marks of every kind, at three public places in the county in which such citizen resides; one of which notices shall be at the Court-house door, for at least twenty days; and shall also deliver to the County Clerk of said county, a copy of said notice, which shall be, by him securely posted up in his office; after the expiration of which time, if no owner apply, it shall be the duty of the taker up of said animal or animals, to appear before some Justice of the Peace in said comity, and estray the same; Provided, the animal or animals, so taken up, shall not he used for any purpose whatsoever, until the party shall have given bond as required by this Act.</p>
<p>Sec. 2. Any citizen entitled to estray any animal, as provided in the first section of this Act, shall make oath that the animal which he proposes to estray, was taken up on his or her plantation, or on his or her lands adjoining the same; that the marks and brands thereof have not been altered or disfigured since the same was taken up; that notice has been given, as the law requires, and that no owner has been found; which affidavit shall be sworn to and subscribed by the citizen estraying, and attested by the Justice, and filed; whereupon, the said Justice shall cause to appear be<pc force="weak">-</pc><lb break="no" />fore him, by summons or otherwise, two disinterested household<pc force="weak">-</pc><lb break="no" />ers of his county, who are in no way related to the person es<pc force="weak">-</pc><lb break="no" />traying, commanding them, after being sworn, to value and ap<pc force="weak">-</pc><lb break="no" />praise the same, and certify the valuation, together with a particular description of the animal, including stature, marks, brands, color and age, under oath, which shall be at<pc force="weak">-</pc><lb break="no" />tested by said Justice, who shall thereupon require of the taker <pb n="973_" ed="gammelslawsoftexas" /><pb ed="unknown" n="55" /><fw type="header" place="top">Laws of the State of Texas.</fw>up a bond, with two or more solvent securities, in double the value of such animal or animals, payable to the County Judge of the county and his successors in office, conditioned that the taker up shall comply with the provisions of this Act, which bond, affidavit and appraisement shall be transmitted by such Justice to the County Clerk of said county, within twenty days thereafter, for which said Justice shall receive the same fees that are allowed for similar serv<pc force="weak">-</pc><lb break="no" />ices by law.</p>
<p>Sec. 3. At any time, within twelve months, and before the sale of any estrays, it shall be lawful for the owner of any stray animal, enumerated, in the first section of this Act, to prove his or her prop<pc force="weak">-</pc><lb break="no" />erty, by oath or affidavit of any respectable witness, in a certificate<pc force="weak">-</pc><lb break="no" />containing a particular description of the animal claimed, includ<pc force="weak">-</pc><lb break="no" />ing the kind, marks, brands, stature, color and age of the same, which certificate may be sworn to and subscribed before any officer authorized by law to administer oaths, in the county where such animal may have been estrayed, which certificate shall be delivered to the taker up, and by him filed in the office of the County Clerk of such county, and on the delivery of such certificate, and the pay<pc force="weak">-</pc><lb break="no" />ment of all costs incurred, in posting such astray or estrays to tide<pc force="weak">-</pc><lb break="no" />taker up, shall be. entitled to demand and receive such animal or ani<pc force="weak">-</pc><lb break="no" />mals; Provided, that when the respectability of the witness aforesaid is not known to the officer administering the oath, the party claim<pc force="weak">-</pc><lb break="no" />ing shall produce satisfactory evidence of the respectability of such witness, certified to by a Notary Public, County Clerk or County Judge of the county in which the witness resides; And provided further, that if the owner of any animal or animals which have been estrayed in accordance with the provisions of this Act, be a resident citizen of the county in which such animal or animals have been estrayed, and shall have had his mark and brand recorded in said county; and the animals so estrayed shall be in the mark and brand of the owner at the time they were taken up; then, and in that case, the taker up shall not be entitled to receive any compen<pc force="weak">-</pc><lb break="no" />sation for expense incurred in estraying said animal or animals.</p>
<p>Sec. 4. If any estray or estrays, of any kind, shall be found running at large, and not estrayed, and the owner of the same be unknown, it is hereby made the duty of the County Commis<pc force="weak">-</pc><lb break="no" />sioners, or any of them, to return the same, with a full descrip<pc force="weak">-</pc><lb break="no" />tion thereof, to the County Clerk of their respective counties, who shall advertise the same in the manner specified in this Act; and if such animal or animals shall not be proven away by the owner, within the time allowed by the provisions of this Act, the <pb n="974_" ed="gammelslawsoftexas" /><pb ed="unknown" n="56" /><fw type="header" place="top">Laws of the State of Texas.</fw>Commissioner returning the same, or his successor in office, shall proceed to sell such animal or animals, and report the sale thereof to the Clerk of the County Court of their respective counties; and after paying the clerk's fees, and retaining twenty per cent, of the proceeds of such sale, he shall pay the remaining sum into the County Treasury.</p>
<p>Sec. 5. It shall be the duty of the County Celerk to record the papers transmitted to him, as provided in the second section of this Act, in a separate book to be kept by him for that purpose, for which he shall be entitled to demand and receive the same fees that are allowed by law for similar services, to be paid, in all cases, by the taker up; provided, that when two or more animals are taken up at the same time, by the same person, they shall be included in the same entry, and the Justice of the Peace and Clerk shall receive no more fees than for one such animal; and each County Clerk shall cause a statement of the appraisement, and a description of the animal so estrayed, to be advertised at least three times in some newspaper published in the county where such animal or animals were estrayed, if there be one; and if there be no newspaper pub<pc force="weak">-</pc><lb break="no" />lished in the county, then the Clerk shall cause the same to be ad<pc force="weak">-</pc><lb break="no" />vertised in the newspaper nearest to the county, and also by posting<pc force="weak">-</pc><lb break="no" />up notices at three public places in the county, one of which shall be at the Court-house door thereof; and the printer of such notice shall furnish the said Clerk with a copy of the paper containing said notice; and it shall be the duty of the said Clerk to file and pre<pc force="weak">-</pc><lb break="no" />serve the same in his office for the inspection of all persons who may be interested; and for such publication the printer shall be entitled to receive from the party estraying the same the sum of two dollars, to be collected by the County Clerk, and paid to the order of the printer.</p>
<p>Sec. 6. The property of every stray horse, mare, colt, mute, jack, jennet, or work ox, taken up as aforesaid, and not proven away with<pc force="weak">-</pc><lb break="no" />in twelve months after such appraisement, shall be deemed vested in the county wherein such estray or estrays may have been posted, and the taker up shall immediately thereafter proceed to sell the same, for cash, to the highest bidder, at the Court-house door of the county, after giving notice of the same, as re<pc force="weak">-</pc><lb break="no" />quired in the case of sheriffs’ or constables’ sales; and within ten days after such sales, he shall, after deducting the ex<pc force="weak">-</pc><lb break="no" />penses incurred in estraying said animals, pay into the county treas<pc force="weak">-</pc><lb break="no" />ury seventy-five per cent, of the proceeds of the same, and retain the other twenty-five per cent, for his own use and benefit; provided, that a return of each and every sale of estrays shall be made to <pb n="975_" ed="gammelslawsoftexas" /><pb ed="unknown" n="57" /><fw type="header" place="top">Laws of the State of Texas.</fw>and filed by the County Clerk of the county, and sworn to by the taker up; Provided further. That all sales of estrays, horses, mares, colts, mules, jacks, jennets, or work oxen, shall be made on the first Monday in the month, and between the hours of one and. three o'clock p. m. of said day.</p>
<p>Sec. 7. Any citizen taking up any stray hogs, sheep, goats, or cattle other than work oxen, shall proceed in the same manner as is required in the case of horses, &c., except advertising in a news<pc force="weak">-</pc><lb break="no" />paper; and any person estraying the same, at the expiration of six months from the day of appraisement, shall proceed to give notice as in the case of sheriffs’ or constables’ sales, and sell such estrays where they, were taken up; Provided, There be not less than three adult bidders in attendance at said sale, besides the family of the taker up; Provided, also, That no animal of the kind enumerated in this section, except work oxen, shall be subject to be estrayed unless the same shall have been known to the taker up as being estrays for at least twelve months previous to the time of estraying the same.</p>
<p>Sec. 8. That in making the returns of sales under this Act, when the sale has been made at the residence of the taker up, or other place than at the Court-house door of the county, the taker up shall, in all cases, give the names of at least three of the bidders who were present at said sale, who are not members of his family.</p>
<p>Sec. 9. If any person or persons estraying any animal or ani<pc force="weak">-</pc><lb break="no" />mals enumerated in this Act, shall send, or take away the same out of. the county in which the same was taken up and estrayed, of swap, sell, or otherwise dispose of the same, he, she, or they, so offending, shall be liable upon his, her, or their bond, in an action for damages in favor of the party injured; Provided, That the taker up of any estray may use the same in moderation; And pro<pc force="weak">-</pc><lb break="no" />vided further, That should the same be abused, the taker up shall be liable upon his bond in damages for such abuse, and may be sued therefor by the owner, or by the County Judge, for the use of the county.</p>
<p>Sec. 10. Whenever any estray animal sail be found dead, or shall escape, the taker up shall, without delay, make report thereof to the County Clerk of the county, under oath, which report shall be recorded by said Clerk, in a book to be kept by him for that pur<pc force="weak">-</pc><lb break="no" />pose; and any person who shall be found guilty of making a false report shall be liable to an indictment, and punished therefor as in other cases of perjury, and shall, moreover, be liable, on his or her bond, for the value of the animal or animals estrayed.</p>
<pb n="976_" ed="gammelslawsoftexas" /><pb ed="unknown" n="58" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Sec. 11. All monies arising from the sales of estrays, under the provisions of this Act, shall be paid to the County Treasurer, and shall be by him applied exclusively to the jury fund of the county; Provided, That should there be a surplus of said jury fund in the treasury, the County Court may, at any time, order that such sur<pc force="weak">-</pc><lb break="no" />plus be transferred to the county fund”, to be used as other funds belonging to the county.</p>
<p>Sec. 12. If any person having in charge any estray or estrays shall refuse to deliver the same to the owner thereof, on his com<pc force="weak">-</pc><lb break="no" />plying with the requisitions of this Act, such owner shall be en<pc force="weak">-</pc><lb break="no" />titled to his action therefor, with damages.</p>
<p>Sec. 13. At any time within twelve months after the sale of any estrays made under the provisions of this Act, the owner of such estray or estrays may apply to the County Treasurer of the county in which such estray has been sold, and upon proof of such ownership, shall be entitled to receive from said Treasurer the amount deposited on account of such sale, after paying such costs as may be necessary to establish his right thereto.</p>
<p>Sec. 14. That this Act shall take effect and be in force from and after its passage; and all laws conflicting with the provisions of this Act are hereby repealed.</p>
<closer>
<dateline>Approved <date>October 26, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER LVIII.</head>
<opener>
<salute>An Act to repeal certain Acts therein named.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the following named Acts be, and the same are hereby repealed, to-wit:</p>
<p>“An Act to provide for the disposition of runaway slaves,” ap<pc force="weak">-</pc><lb break="no" />proved April 8th, 1861.</p>
<p>“An Act to define the offence of inciting insurrection, or in<pc force="weak">-</pc><lb break="no" />subordination of slaves, in certain cases, and to prescribe the pun<pc force="weak">-</pc><lb break="no" />ishment therefor,” approved March 5th. 1863.</p>
<p>“An Act to provide against the hostile invasion of the State of Texas by persons of color,” approved March 6th, 1863.</p>
<p>“An Act to prevent slaves from exercising pretended ownership over property, approved March 26th. 1864; and</p>
<p>“An Act prohibiting owners or employers of slaves from placing them in charge of farms or stock ranches, detached or removed <pb n="977_" ed="gammelslawsoftexas" /><pb ed="unknown" n="59" /><fw type="header" place="top">Laws of the State of Texas.</fw>from the house or place of residence of the owner or employer,” approved January 11th, 1862.</p>
<p>Sec. 2. That this Act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>October 26th. 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER LIX,</head>
<opener>
<salute>An Act to amend an Act entitled an Act to establish a Code of Criminal Procedure for the State of Texas, approved August 26th, 1856, and to repeal certain portions thereof.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That Article 143 of the above named Code, be so amended, as to hereafter read as follows:</p>
<p>Article 143. The service of the writ may be made by any per<pc force="weak">-</pc><lb break="no" />son capable of giving testimony in Court.</p>
<p>And the third clause of Article 644, shall hereafter read as fol<pc force="weak">-</pc><lb break="no" />lows:</p>
<p>3rd. Persons of color shall not testify, except where the prose<pc force="weak">-</pc><lb break="no" />cution is against a person who is a person of color; or where the offence is charged to have been committed against the person or property of a person of color.</p>
<p>Sec. 2. That Article 140, Article 663, and Titles VI. and VII. of part IV; and also Articles 978 a, and 978 b, be and the same are hereby repealed.</p>
<p>Sec. 3. That this Act shall take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>October 26th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER LX.</head>
<opener>
<salute>An Act to repeal an Act entitled an Act authorizing judgments to be rendered in certain cases, requiring property levied upon by execution, or sale under deeds of trust or mortgage, to bring nine-tenths of its appraised value, approved March 4th, 1863.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That an Act entitled an Act, authorizing judgments to <pb n="978_" ed="gammelslawsoftexas" /><pb ed="unknown" n="60" /><fw type="header" place="top">Laws of the State of Texas.</fw>be. rendered in certain cases, requiring property levied upon by execution, or sale under deeds of trust or mortgage, to bring nine<pc force="weak">-</pc><lb break="no" />tenths of its appraised value, approved March 4th, 1863, be and the same is hereby repealed; and that this Act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>October 26th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXI.</head>
<opener>
<salute>An Act to amend Article 382, Title XI, Chapter 3 of the Penal Code.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That Article 382, Title XI, Chapter 3 of the Penal Code, shall hereafter read as follows:</p>
<p>“Article 382. If any one or more persons shall, in any public place, by loud and vociferous talking, swearing, or rudely display<pc force="weak">-</pc><lb break="no" />ing any pistol, or other deadly weapon, so as to disturb the inhab<pc force="weak">-</pc><lb break="no" />itants of the place, in the prosecution of their lawful business, any person engaged in such disturbance shall be fined in any sum not exceeding fifty dollars.”</p>
<p>Sec. 2. That this Act take effect and be in force from and after the first day of October, 1866.</p>
<closer>
<dateline>Approved <date>October 26, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXII.</head>
<opener>
<salute>An Act to amend an act to organize Justices’ Courts, passed March 20th, 1848.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That Section 64 of an act to organize Justices’ Courts, passed March 20, 1848, be amended so as to read as follows:</p>
<p>Sec. 64. That each Justice of the Peace shall hold a term of his Court once in each month, and may transact such busi<pc force="weak">-</pc><lb break="no" />ness out of said term as is authorized by law: and it shall be the duty of the Judges of the County Court, of each county, to fix the days of the month upon which Justices of the Peace shall <pb n="979_" ed="gammelslawsoftexas" /><pb ed="unknown" n="61" /><fw type="header" place="top">Laws of the State of Texas.</fw>hold their courts for the trial of civil causes: Provided, That the days for holding said courts shall be so fixed as not to conflict with each other.</p>
<closer>
<dateline>Approved <date>October 27, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXIII.</head>
<opener>
<salute>An Act establishing a General Apprentice Law, and defining the ob<pc force="weak">-</pc><lb break="no" />ligations of Master and Mistress and Apprentice.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That it shall be lawful for any minor to be bound as an ap<pc force="weak">-</pc><lb break="no" />prentice, by his or her father, mother or guardian, with their con<pc force="weak">-</pc><lb break="no" />sent, entered of record in the office of the Clerk of the county of which the minor is a resident, or without such consent, if the minor, being fourteen years of age, agree in open Court to be so appren<pc force="weak">-</pc><lb break="no" />ticed; Provided, There be no opposition thereto by the father or mother of said minor.</p>
<p>Sec. 2. It shall be the duty of all Sheriffs, Justices of the Peace, and other civil officers of the several counties of the State, to report to the Judge of the County Court of their respective counties, at any time, all indigent or vagrant minors, within their respective counties or precincts, and, also, all minors whose parent or parents have not the means, or who refuse to support said minors; and there<pc force="weak">-</pc><lb break="no" />upon, it shall be the duty of the County Judge to apprentice said minor to some suitable and competent person, on such terms as the Court may direct, having particular care to the interest of said minor.</p>
<p>Sec. 3. All indentures of apprenticeship shall be approved by the County Judge, and entered of record in the office of the County Clerk of the county of which the minor apprenticed is a resident; and the County Judge shall have exclusive jurisdiction of all causes of action growing out of the relation of master or mistress and ap<pc force="weak">-</pc><lb break="no" />prentice.</p>
<p>Sec. 4. The term of apprenticeship of every minor, under this Act, shall be until the minor attains the age of twenty-one years, unless sooner married; Provided, that in all cases where the age of the minor cannot be ascertained by record, or other satisfactory tes<pc force="weak">-</pc><lb break="no" />timony, the Judge of the County Court shall fix the same.</p>
<p>Sec. 5. It shall be the duty of the County Judge, upon making the order of apprenticeship, to require the master or mis<pc force="weak">-</pc><lb break="no" /><pb n="980_" ed="gammelslawsoftexas" /><pb ed="unknown" n="62" /><fw type="header" place="top">Laws of the State of Texas.</fw>tress to give bond, in such sum as lie may direct, with one or more good and sufficient sureties, payable to the County Judge and his successors in office, conditioned that he or she shall furnish said minor sufficient food and clothing—to treat said minor humanely— to teach or cause to be taught him or her some specified trade or occupation—to furnish medical attendance in case of sickness, and for the general and faithful compliance with the terms stipulated in the indentures as to education, &c.; and, in default of the master or mistress to comply with the stipulations of his or her bond, suit may be instituted by the father, mother or guardian of the minor, or by the County Judge, upon the same, for all damages sustained; and such damages, when recovered, shall he applied to the use and benefit of the apprentice, under such regulations as may be pre<pc force="weak">-</pc><lb break="no" />scribed by the County Judge.</p>
<p>Sec. 6. That in the management and control of an apprentice, the master or mistress shall have power to inflict such moderate corporeal chastisement as may be necessary and proper.</p>
<p>Sec. 7. That if any apprentice shall run away from, or leave the employ of his master or mistress, without permission, said mas<pc force="weak">-</pc><lb break="no" />ter or mistress may pursue and recapture said apprentice, and bring him before any Justice of the Peace of the county, whose duty it shall be to remand said apprentice to the service of his master or mistress; and, in the event of a refusal on the part of said appren<pc force="weak">-</pc><lb break="no" />tice to return, then the Justice shall commit said apprentice to the county jail, on failure to give bond for appearance, at the next term of the County Court; and it shall be the duty of the County Judge, at the next regular term thereafter, to investigate said cause, and, if the Court shall be of opinion that said apprentice left the employ<pc force="weak">-</pc><lb break="no" />ment of his master or mistress without good and sufficient cause, to order him to receive such punishment as may be provided by the vagrant laws then in force, until said apprentice agrees to return to his employment; Provided, That the Court may grant continuances, as in other cases; And further provided, That if the Court shall he of opinion that said apprentice has good cause to quit said employ<pc force="weak">-</pc><lb break="no" />ment, the Court shall discharge said apprentice from his indentures of apprenticeship.</p>
<p>Sec. 8. That in case any master or mistress of any appren<pc force="weak">-</pc><lb break="no" />tice may desire, lie or she shall have the privilege to summon his or her apprentice to appear before the County Court of the county in which the parties may reside, and, on good and sufficient cause being shown to said Court, and on proof that said appren<pc force="weak">-</pc><lb break="no" />tice will not be injured thereby, shall be released from all liability, as master or mistress of such apprentice, and his bond canceled.</p>
<pb n="981_" ed="gammelslawsoftexas" /><pb ed="unknown" n="63" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Sec. 9. It shall not be lawful for any apprentice, bound un<pc force="weak">-</pc><lb break="no" />der the provisions of this Act, to reside out of the county, in the office of which, the terms of indenture are required to be recorded, without the written order of the County Judge, entered of record in the Clerk’s office of the County Court of such county; when such leave is obtained, a certified copy of the order, authorizing the same, shall be filed for record in the office of the Clerk of the County Court of the county wherein the residence is to be; and the County Judge of that county shall have plenary power to hear and adjudicate all causes of action between the said master or mistress and apprentice, as fully as the County Judge of the County wherein the indentures of apprenticeship were originally recorded.</p>
<p>Sec. 10. Any apprentice who shall be removed out of the bounds of the county having original jurisdiction of the same, by his mas<pc force="weak">-</pc><lb break="no" />ter or mistress, or with his knowledge or consent, without leave first obtained from the County Judge, and -shall be retained thereout for a longer period than thirty days, shall not be -held liable for a fur<pc force="weak">-</pc><lb break="no" />ther compliance with his indentures, and can -only be retained by the master or mistress at the pleasure of said apprentice.</p>
<p>Sec. 11. Any person who shall, knowingly and willfully, entice away an apprentice, or conceal or harbor a deserting apprentice, shall, upon conviction thereof, pay to the master or mistress, five dollars ($5 00) per day, for each day said apprentice is so absent, or concealed from his master or mistress, and shall likewise be held liable for all damages proved to have been sustained by the master or mistress, on account, of such willful concealing, harboring, or enticing away, to be recovered by suit, before any Court having jurisdiction of the same.</p>
<p>Sec. 12. The County Judge shall have power to hear and deter<pc force="weak">-</pc><lb break="no" />mine and grant all orders and decrees, as herein provided, as well in vacation as in term time; Provided, That, in all applications for apprenticeship, ten days’ public notice, as in case of guardianship, shall be given, and no minor shall be apprenticed except at a regular term of said Court.</p>
<closer>
<dateline>Approved <date>October 27. 1866</date>.</dateline>
</closer>
</div2>
<pb n="982_" ed="gammelslawsoftexas" /><pb ed="unknown" n="64" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER, LXIV.</head>
<opener>
<salute>An Act to give a lien on the crop and stock, for advances to assist in making the crop.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That hereafter, whenever advances in horses, mules, oxen or necessary provisions, farming tools and implements, or money to purchase the same, shall be made by any person or persons, to any other person in this State, and the said advance shall be obtained by the latter, to enable him or her to make a crop for the year then next ensuing, and it shall be declared in a written obligation for the same, given by the person to whom such advance is made, that the same was obtained by him or her in good faith, for the purpose of making a crop, and that without such advance it would not be in the power of said person to procure the necesary team, provisions and farming implements to make a crop, the advance so made or the amount thereof, shall be a lien on the crop that year, and the stock furnished or bought with the money so advanced; and such lien shall have preference of all other liens, except that for the rent of the land on which the said crop may be made.</p>
<p>Sec. 2. That any person taking a lien on the crop, for advances, as set forth in the first section, shall have the same recorded in the office of the County Court of the county in which the person to whom the advance is made, resides.</p>
<p>Sec. 3. That this Act shall take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>October 27th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXV.</head>
<opener>
<salute>An Act making an additional appropriation to defray the contingent expenses of the Eleventh Legislature.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of Ten Thousand Dollars, or so much thereof as may be required, be, and the same is hereby appro<pc force="weak">-</pc><lb break="no" />priated, out of any unappropriated funds in the Treasury, to defray the contingent expenses of the Eleventh Legislature; And that the certificates of the Secretary of the Senate, and Chief Clerk of the House of Representatives, to the correctness <pb n="983_" ed="gammelslawsoftexas" /><pb ed="unknown" n="65" /><fw type="header" place="top">Laws of the State of Texas.</fw>of, and the approval of the Chairman of Contingent Expenses Committees of the Senate and House, to the respective accounts against the two Houses, shall be sufficient authority for the Comptroller to draw his warrant upon the Treasurer for the several amounts charged against said fund.</p>
<p>Sec. 2. That this Act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>October 27th, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXVI.</head>
<opener>
<salute>An Act to authorize the Governor to appoint a person to examine the books and papers of the State Penitentiary, and report there<pc force="weak">-</pc><lb break="no" />on, and for other purposes.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the Governor be. and lie is hereby authorized and required to appoint a suitable person to carefully examine the books, papers and business of the Penitentiary, and report thereon at as early a date as practicable, to this Legislature, or, should it have adjourned, then to the Governor, the investigation and report to be made under the supervision of the Financial Agent.</p>
<p>Sec. 2. The Financial Agent be, and he is hereby empowered and required to send for such persons and such papers, and take such depositions of persons as are necessary to carry into full and speedy effect the object expressed in section first of this Act.</p>
<p>Sec. 3. The Financial Agent is required to pay the person ap<pc force="weak">-</pc><lb break="no" />pointed by the Governor to make the investigation, at the rate of five dollars, in currency, per day, and to use so much of the funds in his hands, arising from the proceeds of sales of the Penitentiary goods, as may be necessary to pay the same; Provided, if the neces<pc force="weak">-</pc><lb break="no" />sary funds for the payment of the person appointed by the Gov<pc force="weak">-</pc><lb break="no" />ernor, for the investigation above directed, be not in the hands of the Financial Agent when said investigation shall be completed, then, in that ease, it shall be the duty of the Financial Agent to make a statement of the amount due such person, which statement, on its presentation, shall be deemed sufficient authority for the payment of said amount by the State Treasurer to the party pre<pc force="weak">-</pc><lb break="no" />senting the same.</p>
<p>Sec. 4. That upon the report being made, the Governor shall take such steps to protect the interests of the State as he <pb n="984_" ed="gammelslawsoftexas" /><pb ed="unknown" n="66" /><fw type="header" place="top">Laws of the State of Texas.</fw>may deem necessary, and the Governor is hereby authorized and re<pc force="weak">-</pc><lb break="no" />quired to direct suit to be brought against any agent, or person in default, should he deem the interests of the State require the same.</p>
<p>Sec. 5. This Act to be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>October 27, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXVII.</head>
<opener>
<salute>An Act to authorize the Police Courts of the several counties of the State to issue and sell County Bonds for the purpose of erecting Court Houses and Jails, and levy a special tax to meet the same.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the Police Courts of the several counties of this State may issue and sell their bonds for the purpose of erecting or completing of Court Houses and Jails for the several counties; and the Police Courts of the several counties are hereby authorized to levy a special tax to meet and pay off the principal and interest accruing upon said bonds, as it shall fall due: provided the special tax hereby authorized to lie levied shall not exceed fifty per cent, upon the assessment made under the law for State purposes.</p>
<p>Sec. 2. That this Act shall be in force from and after its pas<pc force="weak">-</pc><lb break="no" />sage.</p>
<closer>
<dateline>Approved <date>October 21, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXVIII.</head>
<opener>
<salute>An Act to authorize the Police Court of Comal County to levy and collect a Special Tax.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the Police Court of Comal County be, and is hereby authorized to levy and collect, annually, a special ad valorem tax upon all property in said county, real, personal and mixed, not exceeding twenty cents on each one hundred dollars value, and a special poll tax of twenty-five cents, for and during the term of six years from and after the first day of January, A. D. <pb n="985_" ed="gammelslawsoftexas" /><pb ed="unknown" n="67" /><fw type="header" place="top">Laws of the State of Texas.</fw>1867, for the purpose of paying the debt incurred by said county in the erection of a court-house.</p>
<p>Sec. 2. That this Act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>October 27, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXIX.</head>
<opener>
<salute>An Act to Confirm the Grants of Land to the Washington County Rail Road Company.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the Commissioner of the General Land Office be, and he is hereby authorized and directed to issue certificates of six hundred and forty acres each, at the rate of sixteen sections per mile, for the remainder of the twenty-five miles of said road constructed and com<pc force="weak">-</pc><lb break="no" />pleted in conformity with the provisions of the general Rail Road law, for which certificates have not been heretofore issued, and for which surveys have not been made, which certificates shall be lo<pc force="weak">-</pc><lb break="no" />cated in alternate sections, as provided in the general Rail Road law.</p>
<p>Sec. 2. That the Commissioner of the General Land Office be, and he is hereby authorized to issue patents to said company upon the certificates heretofore issued to said Compaq, and upon the surveys heretofore made under and by virtue of the certificate of said Commissioner; Provided, that said Company shall receive only sixteen sections per mile, upon the twenty-five miles of said Rail Road completed by said company, under the provisions of the gen<pc force="weak">-</pc><lb break="no" />eral Rail Road law.</p>
<p>Sec. 3. That this Act take effect and be in force from and after its passage. <pb n="986_" ed="gammelslawsoftexas" /><pb ed="unknown" n="68" /><fw type="header" place="top">Laws of the State of Texas.</fw>imposing a License Tax for such privileges, approved February 2d, 1856.”</p>
<closer>
<dateline>Approved <date>October 27, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXX.</head>
<opener>
<salute>An Act to amend the Third. Fourth. Fifth, and Ninth Sections of “An Act to authorize the County Courts of this State to grant a License for the retail of spirituous, vinous, and other intoxicating Liquors, in quantities less than a quart, and</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the third Section of said Act be amended so that the same shall read as follows, to wit: Sec. 3. Before the Clerk of the County Court shall issue to the applicant a license to retail spirituous, vinous, and other liquors, in quantities less than a quart, the ap<pc force="weak">-</pc><lb break="no" />plicant shall make and deliver to the County Treasurer a bond, pay<pc force="weak">-</pc><lb break="no" />able to the County Judge, with two or more good and sufficient sureties, to be approved by said Treasurer, in the sum of one thou<pc force="weak">-</pc><lb break="no" />sand dollars, conditioned that the applicant, ox those acting or at<pc force="weak">-</pc><lb break="no" />tending to said business for him, shall keep an orderly house, or place, for the retail of spirituous liquors, and that he will not permit a sale of spirituous liquors to be made at his house, or place, to minors, under the age of sixteen years, or to students, of any insti<pc force="weak">-</pc><lb break="no" />tution of learning, or to apprentices, without the written permis<pc force="weak">-</pc><lb break="no" />sion of their masters, and that he will not permit any games, of any description, to he played in the house, or place, so occupied, nor in any room, adjoining or near the same, under his control, prohibited by law, and that he will make no sales of spirituous liquors on Sun<pc force="weak">-</pc><lb break="no" />day, but on that day shall close up his house, or place, for the retail of spirituous liquors, which bond, after being approved by the Treas<pc force="weak">-</pc><lb break="no" />urer, shall he filed in his office, as an obligation, belonging to the county.</p>
<p>That the Fourth Section of said Act be amended, so that the same shall hereafter read as follows:</p>
<p>Sec. 4. When the party or firm shall have executed the bond, with security, as prescribed in the preceding Section of this Act, shall have paid into the County Treasury of the county a license tax, at the rate of three hundred dollars for one year, for the time the applicant shall have applied for the license, and shall produce to the Clerk of the County Court the County Treasurer’s receipt for the amount of money paid by him, then the Clerk shall issue to him a license to sell at retail any spirituous, vinous, or other liquors, in quantities of less than a quart, at the house, or place, and for the time specified in the application. That the fifth section of said act shall hereafter read as follows, to-wit:</p>
<p>Sec. 5. If any person or firm shall sell, or be in any wise concerned in selling spiritous, vinous, or other intoxicating liquors, in quantities less than one quart, without first having obtained a license therefor in the manner prescribed in this act, <pb n="987_" ed="gammelslawsoftexas" /><pb ed="unknown" n="69" /><fw type="header" place="top">Laws of the State of Texas.</fw>the person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof, before any District Court or County Court, shall be fined in any sum not less than one hundred nor more than two hundred dollars, and be imprisoned in the County jail for the period of thirty days, at the discretion of the Court so convict<pc force="weak">-</pc><lb break="no" />ing, any law to the contrary notwithstanding. That the ninth sec<pc force="weak">-</pc><lb break="no" />tion of said act be amended so that the same may bereafter read as follows.</p>
<p>Sec. 9. If any person or firm shall violate any of the conditions of the bond required of him, or them, by the provisions of this act, it shall be the duty of the County Treasurer to place the bond in the hands of the County Attorney, and suit shall forthwith be insti<pc force="weak">-</pc><lb break="no" />tuted thereupon in the name of the County Judge, for the use and benefit of the jury fund thereof, and the full amount of the penalty shall be recovered from the principals and sureties, upon proof of a breach of any of the conditions of the bond.</p>
<closer>
<dateline>Approved <date>October 27, 1866</date>.</dateline>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXXI.</head>
<opener>
<salute>An Act concerning the Five per cent. United States Indemnity Bonds, belonging to the State, and used by the late Military Board of the State of Texas.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the Governor be, and he is hereby authorized to take such steps as he may deem proper to recover possession of any of the 5 per cent. United States Indemnity Bonds, used by the late Military Board of the State; and he is hereby given full authority, on the part of the State of Texas, to negotiate said Bonds, to recover possession of them, or any part of them, and to compromise with the parties hold<pc force="weak">-</pc><lb break="no" />ing said Bonds, or those through whose hands said Bonds have passed, as he may, in his discretion, deem for the best interests of the State.</p>
<p>Sec. 2. That whatever of Bonds, or money, may be recovered, or received, by the Governor, under the authority of this Act, shall be by him placed in the Treasury of the State, and his action in the premises reported to the next session of the Legislature.</p>
<p>Sec. 3. That this Act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>October 30, 1866</date>.</dateline>
</closer>
</div2>
<pb n="988_" ed="gammelslawsoftexas" /><pb ed="unknown" n="70" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER LXXII.</head>
<opener>
<salute>An Act to authorize the Supreme Court to make rules and regula<pc force="weak">-</pc><lb break="no" />tions respecting the admission of Attorneys and Counsellors at Law.</salute>
</opener>