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CHAPTER XXII.

AN ACT TO PROVIDE FOR APPEALS FROM INTERLOCUTORY JUDGMENTS IN THE DISTRICT COURTS OF THE STATE.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That any party to any civil suit that may now be pending, or may hereafter be instituted in any of the district courts of this State, shall have the right of appeal to the Supreme Court of the State from any interlocutory judgment, order or decree that may hereafter be rendered by such district court in such suit.

SEC. 2. That all appeals, authorized by the first section of this act, shall be regulated by the law regulating appeals from final judgment in the district court, so far as the same may be applicable thereto.

SEC. 3. That this act shall take effect and be in force from and after its passage.

Approved November 1, 1871.

CHAPTER XXIII.

AN ACT AUTHORIZING AND REQUIRING THE SURVEYOR OF DALLAS COUNTY TO TRANSCRIBE CERTAIN RECORDS OF HIS OFFICE, AND TO MAKE A GENERAL INDEX.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the county surveyor of Dallas county be and he is hereby authorized and required to transcribe the records contained in books C., D. and P. of his office into one or more well bound books, which said records so transcribed, and their correctness certified to by the presiding justice of Dallas county, shall have the same force and effect as the original records from which they shall be transcribed.

SEC. 2. That the original books, mentioned in the first section of this act, shall be deposited with the clerk of the district court of Dallas county, who is hereby required to take charge of and preserve the same.

SEC. 3. That the said surveyor is further authorized and re

quired to make out a full and complete index to all the records of his office in a well bound book provided for that purpose.

SEC. 4. That the surveyor, for performing the services required by this act, shall receive such compensation as shall be allowed by the police court of Dallas county, not to exceed twenty cents per hundred words for transcribing.

SEC. 5. That this act take effect and be in force from and after its passage.

Approved November 1, 1871.

CHAPTER XXIV.

AN ACT TO PROVIDE FOR TRANSCRIBING THE SURVEYORS' RECORDS.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That whenever the police court of any county in this State shall deem the same necessary, they shall order the surveyor's records to be transcribed in good and substantial books, in a plain hand, by the surveyor or special deputies duly sworn to make true copies of the same; for which services they shall be allowed not more than fifteen cents per hundred words, to be paid out of the county treasury.

SEC. 2. That this act shall take effect and be in force from and after its passage.

Approved November 6, 1871.

CHAPTER XXV.

AN ACT TO PROVIDE FOR TRANSCRIBING THE LAND RECORDS OF SAN SABA COUNTY.

WHEREAS, The land records of the county of San Saba were stolen and lay exposed in the mountains for several months, and were so much damaged as to render them nearly illegible; therefore,

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the County Court of San Saba county be and it is

hereby authorized to have the land records of said county transcribed and re-indexed from the original records of said county; provided, that the person transcribing the same shall, before entering upon his duties, take an oath that he will make such transcribed records true copies of the originals, both in letters and figures.

SEC. 2. That certified copies of deeds, mortgages, judgments and all other instruments of writing from the transcribed records, shall be received in evidence in the trial of all causes in the courts of this State, the same as if made from the original records.

SEC. 3. That the county court of said county is hereby authorized to cause to be paid to the person or persons, employed by it to transcribe said land records, such sum of money as said court may deem proper, or as may be agreed upon, out of any fund, either special or general, belonging to said county.

SEC. 4. That this act take effect and be in force from and after its passage.

Approved November 6, 1871.

CHAPTER XXVI.

AN ACT TO AMEND THE PENAL CODE FOR THE STATE OF TEXAS.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the Penal Code for the State of Texas be amended as follows-by inserting after article 363 the following:

Article 363a. If the purpose of the unlawful assembly be to alarm and frighten any person or persons, by appearing in disguise so that the real persons so acting and assembling cannot be readily known, and by using language or gestures calculated to produce in such person or persons the fear of bodily harm, all persons engaged therein shall be punished by fine not less than one hundred dollars nor more than one thousand dollars each; and if such unlawful assembly shall take place at any time of the night, that is between sunset and sunrise, the fine shall be doubled; and if three or more persons are found together disguised and armed with deadly weapons, the same shall be prima facie evidence of the guilty purpose of such persons as above described; and if any other unlawful assembly mentioned in this chapter consist in whole or in part of persons disguised and armed with deadly weapons, the fine to be assessed upon each person so offending shall be double the penalty hereinbefore prescribed.

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Also, by amending article 488 so that the same shall read as follows:

Article 488. An assault or battery becomes aggravated when committed under any of the following circumstances:

1. When committed upon an officer in the lawful discharge of the duties of his office, if it was known or declared to the offender that the person assaulted was an officer discharging an official duty.

2. When committed in a court of justice, or in any place of religious worship, or in any place where persons are assembled for the purpose of innocent amusement.

When the person committing the offense goes into the house of a private family, and is there guilty of an assault and battery. 4. When committed by a person of robust health or strength upon one who is aged or decrepit.

5. When committed by an adult male upon the person of a female or child, or by an adult female upon the person of a child.

6. When the instrument or means used is such as inflicts disgrace upon the person assaulted, as an assault or battery with a whip or cowhide.

7. When a serious bodily injury is inflicted upon the person assaulted.

8. When committed with deadly weapons under circumstances not amounting to an intent to murder or maim.

9. When committed with premeditated design, and by the use of means calculated to inflict great bodily injury.

10. When committed by any person or persons in disguise. Also by amending article 492, so that the same shall read as follows:

Article 492. If any person shall assault another with intent to commit the offense of maiming, he shall be punished by fine not exceeding one thousand dollars, or by imprisonment in the penitentiary not less than two nor more than five years; and if such assault be made by a person or persons in disguise the penalty shall be doubled.

Also by amending article 493 so that the same shall read as follows:

Article 493. If any person shall assault another, with intent to murder, he shall be punished by confinement in the penitentiary not less than two nor more than seven years; if the assault be made with a bowie-knife or dagger, or in disguise, the punishment shall be doubled.

Also by amending article 568 so that the same shall read as follows:

Article 568. Homicide is permitted by law when inflicted for the

purpose of preventing the offense of murder, rape, robbery, maiming, arson, burglary and theft at night, or when inflicted upon a person or persons who are found armed with deadly weapons and in disguise in the night time on premises not his or their own, whether the homicide be committed by the party about to be injured or by some person in his behalf, when the killing takes place under the following circum

stances:

1. It must reasonably appear by the acts or by words, coupled with the acts of the person killed, that it was the purpose and intent of such person to commit one of the offenses above named.

2. The killing must take place while the person killed was in the act of committing the offense, or after some act done by him showing evidently an intent to commit such offense.

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3. It must take place before the offense committed by the party killed is actually completed, except that, in case of rape, the ravisher may be killed at any time before he has escaped from the presence of his victim, and except, also, in the cases hereafter enumerated.

4. Where the killing takes place to prevent the murder of some other person, it shall not be deemed that the murder is complete so long as the offender is still inflicting violence, though the mortal wound may have been given.

5. If homicide takes place in preventing a robbery, it shall be justifiable if done while the robber is in the presence of the person robbed, or is flying with the money or other article taken by him.

6. In case of maiming, the homicide may take place at any time while the offender is mistreating with violence the person injured, though he may have completed the offense of maiming.

7. In case of arson, the homicide may be inflicted while the offender is in or at the building or other property burnt, or flying from the place before the destruction of the same.

8. In cases of burglary and theft by night, the homicide is justifiable at any time while the offender is in the building, or at the place where the theft is committed, or is within reach of gunshot from such place or building.

9. When the party slain in disguise is engaged in any attempt, by word, gesture or otherwise, to alarm some other person or persons, and put them in bodily fear.

SEC. 2. This act shall be in force from and after the date of its passage.

Approved November 6, 1871.

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