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GENERAL LAWS

'OF THE

TENTH LEGISLATURE,

(CALLED SESSION,)

WITH THE

PROVISIONAL AND PERMANENT CONSTITUTIONS

OF

THE CONFEDERATE STATES;

ALSO,

THE CONSTITUTION OF THE STATE OF TEXAS

STANFORD LIBNARY

HOUSTON, TEXAS:

PRINTED AT THE GALVESTON "NEWS" BOOK AND JOB OFFICE.

1864.

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GENERAL LAWS.

CHAPTER I.

AN ACT to amend the 2d and 3d sections of an Act entitled "An Act to reorganize the 16th Judicial District and define the time of holding Courts therein," approved February 2d, 1861.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the 2d section of the above recited act be amended so as to read as follows: "The District Court shall be held twice in each year, in said District, as follows, towit: In the County of Ellis on the 1st Mondays in March and September, in each year, and may continue in session two weeks; in the County of Johnson on the 3d Mondays in March and September, and may continue in session one week; in the County of Parker, on the 4th Mondays in March and September, and may continue in session two weeks; in the County of Tarrant, on the 2d Monday after the 4th Mondays in March and September, and may continue in session two weeks; in the County of Dallas, on the 4th Monday after the 4th Mondays in March and September, and may continue in session two weeks; in the County of Kaufman, on the 6th Monday after the 4th Mondays in March and September, and may continue in session two weeks; in the County of Van Zandt, on the 8th Monday after the 4th Mondays in March and September, and may continue in session until the business is disposed of."

SEC. 2. That the third section of the act above recited be so amended as to read as follows: "That all writs and other process issued from the District Courts, of any of the counties named in this act, shall be made returnable to the terms of said Courts as established by this act, and all cases of appeals, or writs of error from judgments of the District Court in this District, shall be returnable to the Supreme Court at Austin, except the Counties of Kaufman and Van Zandt, which shall be returnable to the Supreme Court at Tyler."

SEC. 3. That all laws conflicting herewith be, and the same are, hereby repealed, and that this act take effect, and be in force, from and after its passage. Approved May 20th, 1864.

CHAPTER II.

AN ACT making an appropriation to defray the Contingent Expenses of the Extra Session of the Tenth Legislature.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the sum of twenty thousand dollars, Confederate Treasury notes, or so much thereof as may be necessary, be, and the same is hereby appropriated to pay the contingent expenses of the Extra Session of the Tenth Legislature.

SEC. 2. That this act take effect from and after its passage.
Approved May 23d, 1864.

CHAPTER III.

AN ACT to reorganize the Seventeenth Judicial District and to prescribe the time for holding Courts therein.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the Seventeenth Judicial District shall hereafter be composed of the Counties of Williamson, Burnet, Llano, Mason, San Saba, McCulloch, Brown and Lampassas, and the District Court shall be held twice in each year, in each of said counties, as follows: In the County of Williamson, on the 1st Mondays in March and September, and may continue in session four weeks; in the County of Burnet, on the 4th Monday after the 1st Mondays in March and September, and may continue in session one week; in the County of Llano, on the 5th Monday after the 1st Mondays in March and September, and may continue in session one week; in the County of Mason, on the 6th Monday after the 1st Mondays in March and September, and may continue in session one week; in the County of San Saba, on the 7th Monday after the 1st Mondays in March and September, and may continue in session one week; in the County of McCulloch, on the 8th Monday after the 1st Mondays in March and September, and may continue in session one week; in the County of Brown, on the 9th Monday after the 1st Mondays in March and September, and may continue in session one week; in the County of Lampassas, on the 10th Monday after the 1st Mondays in March and September, and may contiuue in session until the business is disposed of.

SEC. 2. That all writs, and other process issued from the District Court of any of the counties named in this act, shall be made returnable to the terms of said Courts as established by this act.

SEC. 3. That this act take effect from its passage.

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Approved May 23d, 1864.

CHAPTER IV.

AN ACT to amend an Act entitled "An Act to amend an Act entitled an Act to organize County Courts." Approved February 16th, 1862.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the first section of the above recited act be, and the same is hereby so amended as to read as follows:

"SECTION 20. The regular terms of the County Court shall commence and be held at the Court-house of each county, in this State, on the last Monday in every month for the probate of wills, the granting of letters testamentary, of administration, and of guardianship, and the transaction of all business growing out of, or connected with the powers and jurisdiction of the County Courts, over executors, administrators and guardians, and estates of deceased persons, minors, idiots, lunatics, and persons non compos mentis. Such terms shall be held by the Chief Justice, without the assistance of any of the County Commissioners, and may be continued, from day to day, for one week, but not longer; and the Chief Justice shall have the authority to transact such business growing out of, or connected with such powers and jurisdiction, during the vacation between said terms of said court, as may be authorized by law." SEC. 2. That this act be in force from and after its passage. Approved May 23d, 1864.

CHAPTER V.

AN ACT to prevent Slaves from exercising pretended ownership over property.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That it shall

be unlawful for any slave owner to knowingly permit any slave to have, or exercise, any pretended ownership or control, in his or her own right, over any horses, cattle, sheep or hogs, within this State. And where any such pretended right of ownership now exists, the master, or other person having the control of such slave, shall, within six months after the passage of this act, dispose of such property by sale or otherwise.

SEC. 2. The owner offending under the first section of this act, may be indicted and tried in the District Court, and upon conviction, shall be find in any sum not exceeding the value of the horses cattle, sheep, goats or hogs, over which such negro may exercise a pretended right of ownership, or on which such negro shall have a brand or ear mark.

SEC. 3. That this act take effect and be in force from its passage.
Approved May 26th, 1864.

CHAPTER VI.

AN ACT to provide for the revision of the Laws.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the Governor be, and he is hereby authorized, to appoint a competent person to revise, digest, and arrange the Laws, Civil and Criminal, of this State. SEC. 2. That said Reviser shall, in performance of the duties imposed by this act, reduce the several subjects into proper chapters and sections, bringing into each chapter, as near as may be, a condensation of all the public laws appertaining to the subject treated in each chapter; that the Reviser shall not simply transfer the Statutes, but shall, (without changing the sense,) so alter their phraseology as to exclude all redundancy of expression; and where there shall be several acts relating to the same subject, they shall be condensed into one, and ɛo expressed as clearly to set forth the sense of the whole, having regard to judicial expositions thereof; and he shall simplify and arrange, under distinct heads, the manner of procedure in the several Courts of this State.

SEC. 3. That whenever it shall be apparent that there may be Legislative omissions in any Statute, said Reviser shall supply the same so as to perfect such Statute, and render its operations complete.

SEC. 4. That said Reviser shall prepare appropriate titles, and sub divisions of titles for each chapter, clearly and briefly expressive of the subjects treated; also, shall make an index, for easy reference to the manuscript copy of the Code; shall add such marginal notes to the Acts as shall be proper for the clear elucidation of them, and for easy reference to the several laws from which he may compile, with references to the decisions of the Supreme Court, in which construction may be given to the acts.

SEC. 5. That said Reviser shall prepare said Code and report the same to the Governor, whose duty it shall be, after said Code has been reported to him, to have at least two hundred copies of the same, together with the report of the Reviser, printed, and report the same to the Legislature as soon as practicable. SEC. 6. That said Reviser shall have the right to take from the office of the Secretary of State, and the library of the Supreme Court, any books necessary for the performance of his duties under this act, upon giving his receipt therefor, and he shall be responsible for the return of the same within a reasonable time.

SEC. 7. That said Reviser shall receive for his services such compensation as the Legislature may hereafter provide.

SEC. 8. That this act take effect and he in force from and after its passage. Approved May 27, 1864.

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