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GENERAL

L AWS

CHAPTER I.

AN ACT to amend the 2d and 3d sections of an Act entitled "An Act to reor

ganize 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 ås 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 That all laws conflicting herewith be, and the same are, hereby repealed, and that this act take effect, and be in force, from and after its passage.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 Lampagsas, and the District Court shall be beld 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 contioue 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 eontinue 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 a8 established by this act.

Sec. 3. That this act take effect from its passage.
Approved May 23d, 1864.

CHAPTER IV.

AN ACT to amend an Act entitled An Act to amend aan 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 wils, tie 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 borses, cattle, sheep, goats or hogs, over which sucb negro may exercise a pretended right of ownership, or on which such negro sball have a brand or ear mark.

SEÇ. 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 Crimioal, 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 sball, (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 so expressed as clearly to set forth the sense of the whole, having regurd 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 be 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.

SEÇ. 8. That this act take effect and be in force from and after its pessage. Approved May 27, 1864.

CHAPTER VU. AN ACT to regulate the reception and disposal of Confederale Notes and Bonds,

now and hereafter, in the Treasury.

SECTION 1. Be it enacted by the Legislature of the State of Texas, as follows: After the last day of next June, Assessors and Collectors of Taxes, and other Receivers of funds for the State, or in its name, or for counties, shall not receive any Confederate notes of the old issue of the denomination of one hundred dollars; Provided, however, that the County Courts of the several counties, by order duly entered on the minutes thereof, either at regular or special terms, may fix any other day than the said last day of June after the passage of this act, and before the said last day of June, after which day so fixed, it shall not be lawful for any Assessor and Collector to receive said notes in payment of any county taxes, and they may also require their Assessors and Collectors to pay over to the County Treasurer all such notes on or before that day.

All notes of this denomination, not bearing interest, and at the date aforesaid in the Treasury, or belonging to the State, shall be funded by the Comptroller according to the provision therefor by the present or any future law of the Confederate States of America ; and the Governor is authorized to make the necessary certificate to determine the notes to be so funded.

The bonds, obtained by such funding, shall be deposited in the Treasury in substitution for the notes so funded, and shall so remain until erwise disposed of, either by future legislation or by sale, which may be made by a Commission, consisting of the Governor, the Comptroller, and the Treasurer; but such sale shall not be made unless the Commission shall consider that it would be advantageous to the State ; in which case the Commission may exchange the whole or any part of said bonds for any indebtedness of the 'State or for current treasury notes of the Confederacy of the new issues, in such manner as may be deemed best for the interest of the State.

All Confederate treasury notes continued in circulation, or put therein as currency, without being subjected to any provision for necessary funding, by a law now or hereafter made by the Confederate Congress, shall be recognized as the new issue of Confederate treasury notes, in contradistinction from all Confederate treasury notes, now or hereafter subjected to some provision of Confederate law for necessary funding, to be known as the old issue of Confederate treasury notes.

Sec. 2. Confederate treasury notes, bearing interest, shall not be received for taxes or other public dues after the last day of next June ; and all such notes, now or hereafter in the Treasury, shall so remain, or may be otherwise disposed of as provided in the first section for the disposal of bonds.

SEC. 3. Confederate treasury notes of the old issue, as defined in the first section, shall not be receivable at par for public dues after the last day of next June ; but such notes, except those disposed of otherwise by the first and second sections, may be thereafter received for public dues until the last day of next October, including that day, but not longer, at the rate of three for two, or one-third less than the nominal amount;

and all such notes now or hereafter in the Treasury, shall be exchanged for Confederate treasury notes of the new issue, as defined in the first section, according to the law for such exchange, and the Comptroller shall make such exchange of these notes as soon as may be conveniently done after their reception into the Treasury ; provided such notes may be paid by the Treasurer on any warrant of the Comptroller at said rate of three for two, if the creditor be willing so to receive payment.

SEC. 4. Every law heretofore or hereafter providing, in general terms, for the reception or disbursement of Confederate treasury notes, shall be construed as embracing such notes of the new issue, and excluding those of the old issue, as defined in the first section, and shall have corresponding effect.

Sec. 5. So far as any existing law may be incompatible with this act, such

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inconsistent law is suspended as to the subjects of this act, so that its provisions may be enforced as to its subjects without repealing the eristing law as to other subjects.

SEC. 6. This act shall be in force from its passage.
Approved May 27, 1864.

CHAPTER VIII. AN ACT to punish unlawful interference with private property or private rights.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That if any person or persons shall, without lawful authority, take, molest or disturb, or cause to be taken, molested or disturbed the personal or movable property of any person or persons in this State; or if any person or persons, without lawful authority, molest or disturb any person or persons, in the free use and enjoyment of his, her or their personal or movable property, or unlawfully cause any person to be molested or disturbed; or if any persqu of persons shall, without lawful authority, prevent or prohibit, or cause to be prevented or prohibited, any person from lawfully transporting, or exporting, or disposing of his, her or their personal or movable property, by threats, force, exaction, or any other means whatever ; or if any person or persons shall, under the semblance of legal order, or authority, unlawfully take, molest or disturb the personal or movable property of any person or persons, or by any means whatever interfere with, or cause to be interfered with; the free use, transportation, exportation or disposition of the same, or shall, in the exercise of lawful authority, act unlawfully or oppressively towards the owner thereof: be, she or they, thus offending, and every person in so offending, shall be deemed guilty of an.offence, and, upon conviction, shall be find in any sum not less than one hundreď dollars, or by imprisonment in the County Jail not longer than twelve months, or by confinement at hard labor in the Penitentiary for any term not less than two years, or by fine and imprisonment as aforesaid, at the discretion of the Jury.

SEC. 2. If any person shall violate any provision of the first section of this act, under the false (pretense of acting under orders from. lawful authority, when, in fact, he has no such orders, it shall be deemed an aggravation of the offence, and punished by fine of not less than two hundred dollars, and by confinement, at hard labor, in the Penitentiary not less than four years, or by fine and imprisonment'as aforesaid, at the discretion of the Jury.

Approved May 28th, 1864.

CHAPTER IX AN ACT making an appropriation to meet any deficiency that may accrue in the

appropriation to pay the expenses of the Comptroller's Department for the years 1864 and 1865.

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, be and is hereby appropriated to meet any deficiency that may accrue in the approprition made for paying the expenses of the Comptroller's Department for the years 1864 and 1865.

SEC. 2. This act to take effect and be in force from and after its passage. Approved May 28th, 1864.

CHAPTER X. AN ACT, supplemental to, and amendatory of "An Act to adopt and establish å

Penal Code

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the act above recited be amended by adding the following article to the same, to

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