The Texas Democrat (Austin, Tex.), Vol. 1, No. 30, Ed. 1, Wednesday, July 29, 1846 Page: 1 of 4
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".safes.
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-&vGe- sjtp?ir-fcv r , -imjw j4rw'-i-
Igllsaj FCBUCSHEO EVSRY TVEmnSSDlY,
JS. F0RD'& JVIrCRONICAN,
ii . PGBLIC PRINTERS. '
tjastf -
i jTEJltMS Four Dollars per annum, in advance
Six Dollars atdic end of.tlic year. No subscription
yTeceivrd fir lesthansix months.
VOLUME I.
" L A AY S
Massed by-the first legislature of the
. state of tjexas.
X& " - AN ACT
, -To provide, for the appointment of Palrols and lo
- - presenile itieir dimes and pnwer
'Section. I. Beit ciuictedbi, the Legislature of the
county court ofeve.v
Jf&tiil who are to pHtmi the same and that thev
r, ;., . , .,'.. -... . 1 - :r.
Snail pairtM saiu oisinct ai least tmef ni rvfry
. "month, and as much- ofteuer as the ttanquility
thereof may Require, by visiting the negro quar
ters and all .other places hi siim ttisinci, wnere
it may be suspected that slaves are improperly or
.unlawfully assrtibled. -
Sec. 3. BjjBkthr enacted, That whenever ji
?ieiachuienl,iHart of one, may htid any slave or
slaves ofi'the plantation or other premises of hi,
" her or their master, mistress, or employer, strof
" -'ling about without a pasoro'her written permis-'
s'ion 'from some person "authorized to give the
same, said tlrtachment, or pait llfeieof, may give
lo every slave so offending, any number of lashes
not-exceeding twenty five.
'Sec. 4. Be it farther enacted, That anv detach-
ment,, or part thereof, sha'l be authorized under
such rules as may be piesc"til)ed bv law, to search
. Suspected place? for harbored, hum way or fu-
gitive slaves, to appn head and carrv the same
tbiifore a justice of the peace in lhe tlistiict, or the
.nearest justice fitiUof said district, to be d a'li wiih
"asthe law may direct, and also lo apprehend any
white peroti who may be found in at.v assem-
rBlage of slaves, or in or ahum ativ -negro quar-
rier, associating wirh, or patticipipiiig in common
wiih the slaves of such assemblage fir quarter.
hraujusements or as5ictaii(ins, without hawug
the permission el" the ma-ier of owner of such
"slaves, and carry such person or persmi-j befnre
. 'any justice of ihe peace in ticlKdisttitM, who shall
Jhe'hned Jtir the hrst otieuce in a sum not le-s
'lhau five nf)r more than fifty dollars, and impri-
soned not more than thirty dav ; and iir a second
offence, shall be liable fr double the pennltv, and
fo'r"a thirtf nfF-uee, shall b' bound bv stiid jnsiiee
to tlie net fiistricl coujt, ;nyf he SjdjocHfi.iiidiu:-4
.TOent'aml iiunishejl us fur a misdemeanor.
'Sec 5. lie if. further enacted. That no detaeh-
ment shall tlo tiaiifil duty out of the liuiiis if iis
'Own district fir division, tnde-s hv stieri il pet mis.
nin ol the couuiy ffiun, or in ease fif iu?ui ret-iiou
'"or itisuborffiuaiiou among slaves, m in ease'fil
their assembl.ng at an improper time or place, or
''unlawfully, or for an imptopcr purpo-e.
Sec G. Be it further enacted, That ihe captain
"fnay. divide his detachment, when ii fluty or
"about to enoage in il, anM may tequiie each ilivi-
- siofi thereof to patrol in such pari of the tlistricl
'asMie may designate : Provided; however, that no
division -shall consist of less than two patrols.
Sec 7. Be it further enacted, That it sin 1 1 be
the duly d lhe captain to notify the. memlfers of
'his detachment id" rheii appointment, and of the
timrs when and the plaees where they will be
required 10 pet form pairnllitit'es, and also to tne-
veift each one of them from couimi iingirespa-J
seSTatul all other unlawful nets while engaged
patrolling, but if any member th"reuf should be
rgui!ty ol anything herein forbidden, il shall be i
the duty of said rapiain lo report his name and
offence to some iustice of ihepeace in his di.su icl,
?-i , ' . . . ,' , ,
or tf) t fie nearest losuce in the county, that the'
ojlciider may f)e deall with according to law ; and
for a fiilure ol'said captain so to do, he may, on
complaint to -aid justice, he fined imi le.ss than
ipji tmr inireihiiii fifty dollars, for each ami every
such fjiiltire
', iarEC., 8. Beit further cna( 1 rd, That if any per
son name to 00 pairoi iuty, snail alter iiein
appointed aw notified thereof, fail fir relit - to
discharge the duties rfKjnitefl of him by this act.
nr cti-i!! (.ill ir rfncr mtIimii mi- rlnltr i iilii iIim
i i ai i . .. ..': .. i." r .A
aeiacumetiL omcer, ue may on conviction ueiore
-the justice -of the peace, of his tlistiict, or the
rleariisl justice m-Juscou-niy-,. be-fiued- a -snni-noi
lessthan five nor mre than iwcniy dollars, Ifir
each 'and every failure or refu-;,l : Piov'ulid,
however, that the person so charged shall have
the privilege of being heard in his defence.
Sec. 9. Be it further enacted, "That in crse of
lhe death fir removal from the disttict of anv'
member of" a detachment, any oilier member
thereof may, rm application to the county court,
have the vacancy thus occasioned, filled if neces-
sary, and that any three members of a detach-
ment may on application in writing, for sufficient
cause therein shown to said court, hnve the officer,
or anv oijier m mber thereof removed f.om said
deiacbmui and ihe vacancy filled as hcreinln-
died.
Skc 10. Beit father crtartrd, That every cap
tain fir commanding officer of u milui.i company,
shall AVilhtn len flays after his mutet, hie in the
office of the cletk of the conntv in which he re-
sides, a full and correct lit ol the persons in hi-
district or divi-i.m who are liable to tlo mih'.ia
duly, from among whom shall be appointed a
pal rol-detachment, a in this act is provided, ami
for a failure of sai I captain or commanding offi-
cer so to do, he shall be subject pi a fine of not
less than iweuty nor more than fifiy dollars, re-
coverable on conviction In fire a justice of lhe
peace, as is provided in this act.
Sec. 11. .Be it further enacted That it shall be
the duty of lhe county court to commission lhe
State (tf lexfis, 1 hai the
- ctuiuy suau u nun application, wneu necessaiv, -"-. . v ' - , , n i n-mrrithp fVmntv of T ilus .......,- , . . - r.r , .-. on his hond and the bond and atndavir so la ceil-
- Mn and not more thatj hVe privates nor 1iI.,,i, lnP"prvic" . Ae f TeAs, That all Uint porno., of ler- thnt,nn mnndnmus shall be. granted on office of tha clerk of the county court, a certified
three, for each orany thstnet or company division . Uu fl l"P ' r v 'L f;; , . , riforv now inHudedin the counties of Red River, I he.trinc-, mid ativ peremlorv mandamus copv of whioh bond may beput in snit.m the nnme
.n the cimniy, ho term of se, vice shall . be Stc. lo. 5C e, J, Thai tl P , I rm- nv, Bowi wMhin t,)p roImvillff nJ: J shnl, gp fleem,d void ; and of the Governorofjh, iJS
. hree months from the time of their appointment: J'r agauis. any pat.,,1 lor malfeasance or lor h.,- , nthcaOIllh t coriier 0p 1. prft ll .writs frfife J
-Provided, that one half of the patrol appointed , I'"' ' "-". " a "ipetcnt. w, n e: co.nitlnce, no.th to the. middle, of Jb
-t "shall be owners tiT slaves, or iheirsubstiiu.es. - ." lllP, e and that allfaues for hi.-achesjiLllito gn'th nr juMprmr-ForK-oPR R';b7iraiiK of .mvernmeoN shall hVfetiffiw- him1denT?ffTox!eTrd to thefTuthfnl disclmrge
" " Sec. 2. ic &iiiAcrr(iaLJamji ;i P'm, hle befnre the ditricrcourt of the county in which of the duties of his office, and may be sued on
y-JvSqMp cnurny Frpn..Si an.l that tn.s act five nnf onMf mps wW where lhe wesiwi w J. I ro - ;(i - from time to time by the party or piurlies injured,
PPtfAm ,Hnonihe.inZeiis- ( the disirict or s,,;,n ,aUe efh'cl ',n,n !,lul a,Ier ,,a P!JSe- ho.md.,rv line of Bowie coniitv crosses the ?nne;i ' c 7, :. .,.,' 'mpA. That the said , until tha whole amount of she penalty is recovered.
,. n-.".u..n ..! i - m iiwcf hv :iw lo ativ oi her opisou or stmnar 1' '-w rnrniiR tiiandnmus. linnurtiou. seotiebircuiwii, cn. iM..- .,,....-.-.-.......--.-, -- - .
vflft3-t:: u..-.,.,.: ,v.:i;.;.. .i..,W Approved, 9ih alav, A. D Ib46. . i. o.,,i, tn fnrp thpnrp. tin said stream I ..,,,. J 1 .',,1 ,iniormtn nil " Sr.r. 21. II it further enacted. That each clerk
Uf?l"ll, nilUUIV OUIipi I" WllWIUI llll...... ., - -
- -rter-"s ---.2-l dwar.'jjljfas
f i i df fi?.
officer of said detnehnx nl, furnish him with a list
of i he members thereof, and notify bun of the
lime for which ihe same were appoiniedMd sene
as patrol.
Sec. 12. Be it further enacted, That any detach-
ment shall be allowed, for apprehending and
taking before a justice of the peace, and fiom
xhenve ln lbe uer "r H"1 J:"' ' hp r,,m,v'
,I,y '"naway slave, the same fees that may up
JOINT RESOLUTION
Whereas, "tiv the constitution of the Slate of
Texas, the Governor of "the State is declared
commandet-in-chie'f or the artnv ,autl navy of
the tstate in lime of peace: And whereas, the
legislature have power to giant him leave, and
O m ,
give him authoiity to lake conimand m time ol
war, of all the tro ps raised in this Stale : And
whr-re-is, bv recent information, such emergen-
cy 'doe exisi : Therefore,
Section I. B- it rcsohtdhy the LcgisIaJ lire nf the
Slate of Texas, Thai .J. P. H- ndernn the Gover-
nor of the Stale, lijive leave anrl aulhotity under
this resolution to take command in person, ofaJI
troops raised and mustered into service by order
of the rjeueial government according lo lhe con-
stituiinii and Uws ofihp Unit'-fl S'ates.
Approved, 9th May, A."D. !Sd6.
AN -ACT
To prevent Slaves from hiiieg their own time,
or their owners from hiring them to other
Slaves, frof Ngroe or Miilaili'P.
Skctiox 1. Be it mnctcd hy the Legislature ff
lhe State of 1 e,ras. That any ownet or master til
a slave fir slaves, who shall hire such slave pi
;nv other slave.. or to any free in gro or mulatto,
or shall permit or suffer such slave to go at- huge
upon a hiring of hi's own time, for more than one
day in theweek, except in the chrilmas holidays,
or to act or deal as a free person," wi-hin this
State, shall be fined in a sum not 'to exceed one
hundred dollars forcveiv such offence.
Sec. 2. Be it fvrthrr rvactid. That if any she-
riff; coroner, or constable shall discover within
hi conn' v, any slave ooi-in ai large or hit ing con
tuo-yoajns aettt shall he I'is dmvMnd hh-dl.
lie lawful f.u any oilier person to arrest any sncli
slave and take him before any justice of the
penee in Ids eoiiMiv, i bout warrant.
Skc. 3. Br it further -vactid, 'I hat if any ju-tic
of the peace shall receive satisfactory evulenc
or information that a slave or slaves are going ai
large, or hiiiugheir own time wjihin hi coifiy.
contrary to tl e piovisions o! this act, he shall
immediately is-sue his warrant tfi apprehend ami
bring such ofT nders before him.
Sec. 4. Beit further enacted. That when anv
slave or slaves shall be brought bef-te any jus-
lice of the peace under the provisions of this act,
said justice shall enquiie mio the facts, and if il
shall appear that such slave or slaves have been
goiru.it lanre or hiring, contrary to any o! the pro-
visions of this act. he shall commit such slave to
the county jiil, theie to remain until discharged
as hereinafter provided.
Skc. 5. Be it further evaded, That any slave
. . J 1 1 .1- ' 1...
apprehended orcommitieo untiei mis aci ma in
ipp
icleased upon application, marie by ihe owner ol
ihe same, at anytime before said slave is sold,
under the provisions hereinafter provided, upon
the pavmeni of all co-is and fine that may have
accrued fir be jjS"sed against the same.
Sec. 6. Be it further cmictid. That it shall be
the duty of the justice of the peace comuiiltii.g
any slave nuclei ibis net. 10 icpo.i lln same to lhe
county court at its next session, also this amount
of fine and co-i assesce.sd in each case.
Si.c 7. Beit fnrt Ikt viact(d, That the county
couit shall ai us iffMilar ?' S-loi,s, if any .-lavesh.,11
have ieen commuted to t nl under mi nci, s-inue
l .-. I. .1 ... .1 1... I. 1
the lasj c( snn ot Hie same, omei tttai tut: uin u ,
d" ihe county court publi-h by wtnten nonce
i u ).si ei I in) :ii three or more otlblic olilceS III 111
i ... ' . '
couiilv, atifl by ptdili-hing an advertisement it,
some newspaper hi ih,s State, loi one, ouili. giv-
ing a fair and full desctipunu of such slave, the
cause of commitment and the name of the owner,
if know n. .
Snc. S. Beit father cuaeffd, That nt the. next
!frui of ihecoutt, after the above notice is given, I
it ihe slave sfi advertised is mil proven aw.i bv
the ovv tier, the couil shall ordei a sale lo be made
of I lie same, on a ce.l.iiu day to he mentioned,
not less than three nor more than six mouth-, and
that publication be made in "mr new spa pet pub-
lished in tin- Slate, jii least f-u ihiee mounts ne.t
bcfire the said day of sale, and me hcnff' .-hall
sell the said slave forca-h. under the same n gu-
latious thtii govern sales under execution, unles-
ihe said slave be pioven jiway by the owner,
under the provisions ol ihe lilih section oi thi-
act. Sec D- Beit further enacted. That alljiuesatis
ing aticler this act, shad be paid into thu conn y
treasury, and all monies aii-mg hum a sale undi i
ibis act, after p tying the ensis of apprehending
trying, commuting, ad.vetti-ing, ajtd five pe. cmii
tfi the sheriff lor selling, and all other i ost tn ces--atily
acctuing, slutll be jiaifl into the conntv
tieasury, and all monies paid into the trea-uiv
under this act. shall be sul-jecl to the orders ol
the county couit for county pu-poses.
Sec. 10. Beit further enacted, That if tiny pet-
so , within five years afier the sale of a slave
under ibis act, shall come foiward and make
"
AUSTIN, TEIAS, WEDNESDAY, JULY 29,
Approved, llihilay, A. D. 1S4G.
to toe month of the dry fork of the same, and ttpj
said dry fork to a point (ne east of the south-east
cornerof Hopkins county; thence, in a direct line
to the place of 'beginning, be. and the same is here-
by created into a new county Jo he. called Titus.
"Stto 9. Ro it f,irfhtc nn anted. That the ill
... , -., ,.,....- ... . ...
habitants residing within the. aforesaid limits shall
he entitled to all the rights, privileges and lmmuni-
ties
exce
sepa
remai
-aD-
la w
S
5fc :. Be ilfurth r vacted. Tint James Rose,
Tnfi
. , ,
art and Thomas Riirns.be. and they are hereby ap-
in (4. inmhprs. '. pv:.ih er ievi.is. .101111 oew -
pni
fiod
Avit
sper
al
lien
, , 1 -
proceed lo hold an election, and the place receiving
the greatest ,,,her of votes shall be he rr.nniv
seat of s-.id county and the place so elected shall
he known and called by the .nnme of Mount Plea-
sanr : alter which tiie commissioners spaii proceed
to lay off a town an ' oll the lots tn-iem at pnhiic
auction, on a credit of twelve mouths, ,-nid all the
proceeds arising from the sale of lot4!, or oilier dona-
tions, shall he applied bv the commissioners herein
created to the. erection of public buildings for the.
use of the. conntv ; and said comm ssioners shall
he allowed one dollar per day each for their servi-
ces, to he paid out of the county treasury, and be-
fore entering upon the duties of their office they
s'l.nll take an oath faithfully and impartially to per-
form the s mm and -ntnnjoritv oT said cominission-
prs nviv fe.rm :i nil ny2 nnAtvV do husnies- - - - .
v'- -. - ' -r- Li-, i - L.-.,v
SircT'ATBe'it fiTrtmr enacted, that the said
the said
commissioners sh.dl. -so soon as practt able, provide
m hone at the said place fixed upon for said county
sear. lor a remprary court iimuse : .111 1 out,, sucii .
. r . . I . 1 .:i 1.
house shdl b provided, sat I coninussioners shall
point out where courts shall n lieu, and mat tins
act take effect from and after its pnsaire.
Approved, llth May, A. D. 1S16."
AN AOT
To require, the Dei.nty Surveyors of the several
new Counties to procure. Maps of till the survey-ed-Lifinds
layingin their respective. Oonnties.-
Sictiox 1. Be it enacted hi the Legislature nf
the St ti of Texas. That deputy snrveyo.s of the
several new counties in this State, sh.dl procure
from the district surveyor of their respective dis-
trict, or make out ihe same, a map of all the sur-
veyed lands M'tuatcd in the new county to which
such deputy may be assigned, which shall he kept
in the. o'lice of such deputy, at the county site for
the inspection of all persons interested.
Si:c. 2. Be it farther P7iacffd, That all surveys
made by a deputy surveyor, in a new county, af-
ter being exa mined and placed upon the map of
the district, shall be placed by the deputy upon
his county map.
Approved, llth May. A. D. 1S16.
AN ACT
To organize the Distri t Courts and to define their
powers and jurisdiction.
Srr-no 1. Be it enacted hit the Legislature of
the Stale of Texits, That the Goveruoi shall nomi
nate, a o hy and with lhe a 'vice and consent 01
jj, senate, anpotut one judge tor eacii judtciai
..-. . i i. , ..' . I I ... .I...'"
cnstrici. vvno snail ne coilimissioneti ny uteviover
nor. and shall n-McJe in some one of the counties of"
which his district is composed, and shall hold courts
ine.-cli conntv at the couit house, or such oilier
place as may he designated by law, at such times
and iu such manner asm iy he pres rihed.
Src-2. Beit further enacted. That the judges
of the district couitsshallhy virtue of their offices,
he conservators of the peace, thioughout the Stale,
tiiiu the district courts sh.dl have qriginal jurtsdic
tton of ;dl criminal cases, of all suits in behalf of
die State to recover penalties, forfeitures and j
escheitts, and of all suits tgainst the Sf.'te. which !
tire or ...ay he allowed hy law, and shall have pow-1
er in hear and determine all prosecutions in the i
name of the State, by indictment, information or j
presentment for treason, nmider or other felonies. .
eniues a u misdemeanors, continued wiiiuu ineir
re-pective jniisdtctinns, except such as may be,
exclusively cognizable heioie ju-tices of the peace
or other courts of the Slate, and shall in criminal
eases h ive and exclave all the powers incident and
helouging lo courts of oyer and terminer, and gene-
ral j.mI d-hverv ; also ol all suits lor the iccovery
of land, of all cases of divorce, and alimony, and
of all suits, complaints and pleas whaievei, without ,
regit rd to any distinction whatever, heiwecn law i
and equity, when ihe mailer in ctintrnvfisysh.il! he'
valued at, or amount to one hundred doll. us or'
more, exclusive of interest, and "eneiallv to d and1
pei f Tin all otheracts peitaiuiug to courts of general
juii-diciifin. " "" '
Sec 3 Be it further enacted, Tliat the dis. ,
trict courts sh.dl have a.:d exeicise appellate jiuis
diction and funeral fpulinl over such inferior .
tribunnUas have been or may he established m
each county, for appointing guardians, granting
fllM
il
J I its
iilk?L & -z
' '. . . 77. ........ i . r miii'ic!r.ttinii
satisfactory pro..f to the eomnv court, mat s.uu i-i"i . -i - - - .irimjpj!Ir,l.ors office of the clerk of the. conntv court.
the court shall order that the count v p-iy out of nnd r1"?1?1 ffie bond with sectirt-
anv monev in ihe treasury not otherwise appro-, !iPPe ""'"I"1- ' :'.'.'' where the iude or tv to he approved by the county court, pnynhle to
pria.etl.to.airl persou,the b-ilance. of such sale . P'"' nfe j.m" 'y ' ra;s here J" c ti-,e Governor of ihe State of .Texas and his
after deducting all costs and Hue thai had accrued c , TV'j f,.r,t;er ',,,, That the indg- successors- in office, in the sum of five thousand
,:.,.. ,i bKf A- J?G iJnr-tier ciiacuu, Uur. rt.t.rc far thp sr.fp Irppnino- of the records, and the
i ", " ps nr ip. f is lie conr . at e.ico "i ,r'i " i
n.-d commissioners, whose, duty it shall he to . , ' ', , nnnrnnrintP reiie( is prayed for, elected or appointed and their deputies, snail nave
the centre of said county and select two places ' nt ,, C11,u ' i' WPir P other nrocess power to administer oatMs inan enseemureu m
Inn three miles of said cenPe having due re- IIf.PesnrV to ohtnin such relief, and may also, so the dichar of the duties of iheir office
c todnnalioncthatmaybeolTeredhvi.Khvidu- fr,niP fhe judgmenis c,f the. court as to afford all Skc. 94. Be it f"r"'encitX J"' "i1
of laud or other property for a town spe irt e Ihp r.lM;.f Jwhich mv be nirpd bv rhp nmnre 0f b the duty f the clerks of the dtslr coujts to
ot ip rmi'Mv. tip c.nmnnssio"eisM an men ' .1. . 1 ...!..- 1. : ...j 1... ,,t. t ur nr Keen a lair recora 01 an m i.- unuu. u..u ,....wv.....r
Mil (J!
.ft M KL JSfedJf
SsN
1846.
for
.: ,: ' oi,ii h,T7P nnthoritv to
" , ,.rir? to thpm fhrefor. wits-oFjhabpns
in v.ir.iiiim in ic-i iij iiiiii:. iiiuu ' .-
Ilfill llllll ui... ..1. .. ..
motions, three days "notice being siven to the ad-
verse p.arty, niinst sheris, coroners, or other
offirenTfoV tiinev received' .,d execution or
other process or order of court, vhich shall not
1 :.i . .i. f.M .- thp s.-ime.
nave, neen tiaiu 10 ink ijuuv cmuicu - -,.
hi, aaent or attorneV, oir demand, or for other!
nis agent 01 iittoiuev, oir unuunu, "
d&r,..ltj0I, nf Qnlv nMfj .,so all motions against
JlHorn'ips nnJ counsellors at law. and give jndg-
shall have power to impose a. fine not exceeding
LnohnrwtrJ rfnll,.. for enntemot of court, mid
' mn'v n thplr dis(.rptioni i.nprison any person gnii-
1 r . . j;.,. tU,artnnc
i IV 01 coniempi. not pxrefuiuii 'i.r liu--.
- c. r ., , .,,, ,j Th:,t the district
1 1 ue case, auu viiic:i is Hiauteu uv uuunawi mi.
pnn;rr ' "
-g s Bp ., fmhet ejflc TlIt the dis.rict
rnMIts of enrh conn rff this Si-le. shall have a
SP, with a sar of five points in .the centre, and
, xwnrri. t mstriet Tonrr nf 'Conntv. Tex-
county, ta-
- '. .
' tW "
as" engrtrved thereon, an impression 6f which seal ne uisiret cr.uu. .11 ... u.vF.... . '""r """;'
shall! e attached to all writs and other process, shall make out a statement of nil 'ed.
(except suhpeeuas.) issuing from said court, and penalties and forfeitures menrred n'(,nie
shall he used in the -authentication oPnll official rendered at such court, m : hehnlf of h 'Mf
acts of the. clerk; said seal shall be procured hy to report the same to the comptroller of public
the county court of the county, and until procured, accounts.
die seals heretofore in -use, or 'private seals may be j Sec. 26. Be it farther ;JJ" a '
d 'cotds of judgments and all proceedings in suits,
Skc. 9. B it further-enacted. That should the heretofore had fn the district courts of the Pepnb-
indoor anv dK.iict court not annear at" the time he of Texas, shall be transferee! to the district
appointed lor holding the s.Tme, the sheriff of- ihe
--cnmi.vvoiiir His.auM'injnT-oV in case -of vacancy
----"----" --- ..
I l1'lIIV III rilO .llll -i III.- . w . mum - -.. w.- --w,
j .,,.:. ofHce. the coroner sliall adionrn the cenrt
in that office, the coroner shall .idjonrn the cenr
Irnirv -IriTT to r-T f.ir tlii-MH l:tl7C nllfl 5T lllP Tildas
iiidae
should not appear on the morning or the fourth
(ll'lliwii fruity iim iiiiiu uiif. uuu 11 i.iwj'.---
"." " ci
d ieJ he shall adiourtl the
c0,"ir( , rom"se
. .
in any case, civii or criminal, in which a party may
swear thai he is too poor to employ counsel, shall
appoint counsel for such party, who shall attend to
the cause iu behalf of such party .without any fee
orrewaid.
Skc. 12. Be if furher enacted, That the records
of the respective, i onrts for each preceding day of
the session, shall he read in open court on the mor-uiii'j-
of the succeeding day, except on the last day
of the term, on whiqli day they shall be rend and 1
signed bv the judge presiding, m open couit.
Si:c. 13. Be it farther enacted, That when hi
the record of any judgment or decree of any court
there, shall be any mistake, the judge of said court
may in open court amend such judgment or decree
according" to the truth and "justice of the. case, but
iu all cases the "opposite patty shall have notice of
the application for such amendment.
Si;-. M. Be it further enacted, That Ihe dis-
irici courts may order a change of venue for the
trial of any suit, civil or criminal, tinder the rules
and regulations pres nhd by buy.
Sr.c. 15. Be it further enacted, That .when
anv judge of the di-tiict court may be inleiested
in causes pending in his district, or where any of
the patties may he connected with him by cousati
g nnitv or adtuiiy within the third degree, or when
the judge has heeti of counsel iu thc.canses. he may
exchange distr cts wdh any judge who is not sub-
ject to like disabilities ; any judge may hold courts
with any other disirict judge, and exchange of
districts may be made, whenever the judges ex-
changing may deem expedient.
Sr.c. 1(3. Be it fm liter niacted, That when any
judge is disqualified, the putties may, by consent,
choose and appoint some other person to try the
(.aliS,.. juhI the .icts and decisions of such person so
appointed, shall he as valid as if done by the judge,
Svc , u rnrtkcr cnact dm Tnat jt shall lie
,,. dntv (lf he judires of pach COIirt t0 cause the
:ndtrim,"n ls? SPUkMlct:s alld decrees of the court to
iC ".j mn PXecnMm, :,gieeab!v lo law.
Si c IS. Be it further enacted, That thereslufll
he a cleik of the distiid couit lor each county,
who shall he elected by the qualified electois for
members of Kc Legislature, and shall hold his
office lor four years and until his successor is quali-
fied ; lv.,every cleik who is guilty ol any non-lens.-.nee,
m.dfen,,uce, corruption or parli.dily 111
his office shall on indictment by a grand jury
l.efoie the dtsti ict couit of the comity, and con
vtciion hy a petti juiy, be n moved Irom olfce.
Si:r. 19. Be it fu-t her euarlecl, 1 hat m case ol
vaeaccy the dtstnct com I shall appoint a cteru, v no
shall hold the. office uulil ihe next legular election
for county officers, ittid uulil his successor is quali
fied; audif from any cause the clerk of the court
and his deputies shall he absent or unable, or tin
willing to perlorm the dunes ol cieiK ai a lerm
thereof, the court may appoint a temporary clerk
hy nu older to that effect, and any appointment
Sep. 10. Be it further enarf3d, That tha jndg- day ot rehruary. lO.v.r ana at. p..pe,s n u p.wucc-
es of the district com is in their respective districts dings in relation to such judgments, shall be trans-
sh.dl set part particular days, not earlier than the ' fered to the district courts of the same county,
third day of each term, for the trial of criminal organized under this act, where the same has not
CJ1SP55. . already been done, and the same proceedings shall
' Skc. 1 1. Be it further enacted, T'tat the judges, he had thereon m the district comts as could be, if ,
"T-- 4
TERMS OP A33VEK.TISIXG,
Far each square oi ten .ims r under, first inscr.
lion, one doll-r. For each subsequent insertion,
fiftv cents. A deduction of fifty per cent, will be
made upon yearly advertisements, with tin. privilege
of renewing the same quarterly.
Announcement ofc.uii.iilatc.sfor office five dollars.
D All Advpitfcemenls out of the county, must be
paid for in advance.
NUMBERIO.,
nwde under this section, shall be recorded in the
faiihftil dtscharc-e ot tiie duties oi nis ontcd, ana
.... . . ... .t. r rp
shall also take and snteerioe tneaifcoi omc re-
1 . - . "
,e.ecica or appoiniea.snnu ijavej,i.w, w. ,,
one or more deputies, hy a written appointment,
under his hand and seal of "VStr'lof
he filed and recorded in- the office of the clerk of
. the eoiintv court.
-.-. , t mi ,u t,j,
, Src. 22 Beit fur iner waded, That the clerk
'ij.nt Ac
shall have-the custody of all the minutes, records,
books, papers and sals now deposited, or that may
court sunn oraerine procurement u, u. "-
presses, cases,and ofl.ee furniture, hnoks and sta
tionary, and seal, at the expense ol the respective
,cuiiuue.
1 , , nrx,f ifli.T)-o
Sec. 23. Be it further enact d. 1 liat clerics
-- . A.--it ;rirmot
had in their respecuve courts, to enter all jttngmeuis
of the court under the direc 10 ot t ne jnage , ana
also of exfcnrions issued, and returns therton rnaas
in the record books furnished for those PJff-;
.&"--.--.- : -. .
.?. .ir . . . .u n.-mmtinn nt pjiph term.
Rc 'do. be l I 'wilier enacien, 1 n.i. .
. .- &..-- nSr TL-T
conrKoi HvtntPrnrflrnniz -- ;'-; Hp
the same proceedings may be had tnereon as iMhe
, ....
said records had been made, and the said suits been
commenced in the district courts of thebtnte.
- m. ,, 1
Sec. . KcHJarttter cnaciea , t n.uau teco.ua
J9FMrr'3" rtonT!i
court until the next oi jnagme- is m meuoumv uuhuj i ic ncr..u-
1 lie of Texas, made and entered previous to the first
I . ,. -. . .rn .. J .11 I -
such judgments had neen renaereu m sucn uistrtc
court.
Approved, llth May, A. D. 1S46.' -
AN ACT
Defining the duties of the Atlorney General of
l lie Stale of Texa.
Section A . Be it enacted by the Legislature -of
the State of Texas, That il shall belhe duty of
lhe attorney general, to prosecute and c'efend'liIL
actions in the supreme-court of the State, in which'
the State may be interested, and also to perform
such other duties as may be prescribed by the
constitution and laws of" lhe Slide. , -
Sec. 2. Be it fuTthcr enacted, Thai if any attor-
ney general shall fil," from any cause, to attend
safd couiLat any of its sessions, his salary shall
be liable lo such deduction as may be prescribed
hv law.
Sec. 3. Be it further enacted, That the attor-
ney general shall counsel and advise the several
disinci aitorntes in the fetate, m the prosecution-
and defence of all actions in the district courts,
wherein the Stale is interested, whenever reques-
ted bv litem so m do, and it shall be ihe'duty of
ihe atlorney geneial to appear and defend the
interests of "the" State; in any suits now pending 5
or which mnv'be hercalitjr.insuiuted in the dfs-v-g
trict court, by empresarios for the setilementcji
thr ir claims. -"kffli
Sec. 4. Be it fu ther enacted, That it fia-"J
iheduty of the attorney general to repc-rj to iheC
Governor, on I he first Monday ol" Decemir r,annu -allv,
and at such other times as he may require,
ihe number of indictments which have been
found by grand jurit s in ibis Slate for the. pre-
ceding year, the offences charged therein, the
number of arraignments, convictions and acquit-
als for each offence, the number of ii.dictments,
which have been disposed of without the inter-
vention of a petit jury, with the cause and manner
of such disposition, and also a summary of the
Judgnie ts renderetl on conviction, specifying the
offence, the nature and amount of penalties im-
posed, and the amount of fines collected
Sec. 5. Be it further enacted, That he shall
require the several district aitoruies to communi-s
cate to him, si mi annually, at the close of the
courts of iheir re-pective districts, in such-form
its he may prescribe, sill the information necessa
ry for his compliance with lhe requisitions of the
fourth section. -.
Sec. 0. Beit fm ther enacted, Thai heshall trans??
mil to ihe proper district aitornics, wiih such,,
instructions as he may deem necessary, all cerfir-
fied accounts, bonds or other demands which may '
have been delivered to him by the eomptrolleruT
public accounts lor prosecution and suit.
Sec 7. Be it further cnuctcd, That he shall.
&
v
i
tKjfr-
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Ford, John S. The Texas Democrat (Austin, Tex.), Vol. 1, No. 30, Ed. 1, Wednesday, July 29, 1846, newspaper, July 29, 1846; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth48330/m1/1/?q=%22~1~1~1%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting The Dolph Briscoe Center for American History.