General laws of the tenth Legislature (second extra session) of the state of Texas

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GENERAL LAWS

OF THE

(SECOND EXTRA SESSION,)

OF THE

STATE OF TEXAS.

BY AUTHOFJTY

PRINTED AT THS "STATE GAZETT?:" BOOK: AND JOB OFFICE.

19C5.

GENERAL LAWS.

cnAriER I.

An Act to amend an, Act, to encourage the erection of cfriain machinery, &jr
donation of lands and otherwise, approved December loth, 1803.

Pkction- 1. Be it C7iact''d hy Hie Legislature of the S,\ife of Tcxix, Tlint Ihe
<hirJ section of the afore.«a'ul act sliall he so amcndeJ a-s to ro!i>l as follows:
Suction ,^d. That it shall be the duty of the said Commissioners after ma k-
iug a ininiite pei'p-inal examination of said macliincry, and after procuring
such other evidence of its value as may be accessible to thet;i, to valua the
same at its true valuation in specie. In sHid valuation, the neccssai-y build-
ings and structures, erected lor the efficient operation of said machinery,
Bhall be included; but the land upon which they are situated Shrill not bo
Tahied. In case said buildings < r mucliinery shall have been deslrojed, in
wliole or in part, bv fire or the public oneiiiy. or by any other cause, over
which the owner or owners of said property had no coiiirol, before said Com-
missioners have made a personal examination thereof, they may neverthe-
less proceed to hear evidence and assess the value of said property as though
it had not Vieen destroyed.

J^rovidcd. That uo bonus sliall be r.llowed to an}- party "whose property has
been so destroyed, unless the Commissioners are Satisfied that each parly
has exercised reasonable care over said propavly.

Si;c. 2. that this act shall take effect and be in force from and after its
passage

Approved November 7, 18C1.

CnAriER II.

An Act in amend the fourth section of an Act to organize the Supreme Coiirt of
(he State of Texas, approved May \^th, 1846.

Section 1. Pe it enacted by the L^jidat^ire of the Slat* of T'-roji, Tlhit the 4fh
pectiou of an net to organize the Supreme Court of the Ptatc of Texas, approved
May 12th, 1R4'j. bo amended so as hereafter to road as follows, to-wit:

Sec. 4. That thero shall be appointed for the Supreme Court one clerk for each
division of the court, who, in addition to tlic duties now re<niir<yl by l.'.w of the
clerks of the Supreme Court, e;»eh of the c'orks appointed under this act shall
be required to act as librarian ia keeping atid prc^crvin2 tlio books t)f the Sn-

preme Court, and shall reside at the place of holding court, the appointnicnt
shall be made by the court, or the Judges thereof, and shall be entered of record
In the proceedings of the court, and each person so appointed shall, before ho
enters upon the duties of his office, take and subscribe the oath prescribed by
the constitution before any ofncer authorized to administer oaths generally, and
shall enter into a bead with two good securities, to be approved by the court or
the Judges thereof, payable to the Governor of the Slate, and liia successors in
office, in the penalty of two thousand dollars, conditioned for the faithful per-
formance of the duties of his ofBce, and that he correctlv record the
judgments, decrees, decisions and orders of the said court, and deliver over to
his successor in office all records, minutes, books and papers, and whatever
belongs to his said office of clerk, which bond and oath shall, without delay, be
deposited in the office of the Secretary of State, and shall not be void on the
first recovery, but may be p\it in suit and prosecuted by any party injured, until
the amount thereof be recovered, and shall be deemed to extend to the faithful
discharge of the duties of his office.'

Sec 2. That this act tako effect and be in forco from and after its passage.

Approved Nov. lOih, 1S61.

^CHAPTER IIL

An Actio define and fix the time of hohUnj the District Coxiriahi the Second Judicial
District of the State of Texas.

Section 1. Be it enacted hy tire LcfjisIafMre of the State of Texai^, That th.e
second Judicial District, composed of the counties of Bastrop, Caldwell, Guada-
lupe. Hays and Travis, shall remain as heretofore, and the District Court shall
bo liel 1 twice in each year in each of said counties, as follows : In the county
of Bastrop on the first Mondays in March and September, jM-.d may coutinuo in
session three weeks. In the county of Caldwell on the third Mondays after the
fir^t Mondays in March and September, and may continue in session two weeks.
In the county of Guadalupe on the fifth MondavH after the first Mondays in
March and September, and n:ay continue in session tlirce weeks. In the county
of Hays on the eighth Mondnys after the first Mondays in March and September,
and may continue in session two weeks. In the county of TravLs on tiie tenth
Mondays after the first Mondays in March and September, and may continue in
session until the business is disposed of.

Sec. 2. That all writs and other proccfs, issued from the District Court of
any of the counties named in tliis act, shall bo made returnable to the terms of
said court, as established by this act.

Si:c. o. Tliat this act take effect and be in force from and after tho 25th of
December, A. D., 1 SG4.

ApprovfcdXov. 12th, 1864.

CHAPTER lY.

An Act io iiisure correct rtt^urn-s of Assccsmerd RoJls to the ComptroUir's Office.

Sectio:^ 1. Be it enar.ted hy the Legislature of the State of Texas, That it shall
be the duty of the Assessors and Collectors of the State of Texas to carefully sum
up each column of each page of their Assessment Rolls, making the tot^l value
column of ea<.'h page balance with the aggregate amount thereof, and on the last
page of the rolls make a general and complete recapitui. lion of the same.

Ssy. 2. That it shall bo the duty of the Chief Justice and County Commission-
ers, whe«i said rolls are presented for their approval, to vorifj the correctness of
the Assessor's summations and recapitulation.

S;:c. 3. ,That In cise the requirements of the first section of this act are not
oomplieii with hv the Ass".'Ssors and Coiloctors in the copy of asses-niont for-
warciud lo the Cjinptroller's olfiv-e, t!ie CompiroUer sliall deduct one luuiilrcd
dollars from die i-oiUiuissious of such Assessors and Collectors so failing for oack
and every siuli failure.

Approved Nov. l^i, ISCi.

CnAPTER V.

A)i. Act maldiifi an appropriation to defray the contingent expenses of the cffice
of Attorney General for the years 18(J4 and 1865.

Skction 1. Be it enacted by ihe Legislature of the State of Texas, That tho
sum of one thousand dollars, or so much thereof as may be necessary, be, and the
same is hr'reby appropriated annnally to defray the contingent expenses of the
oiiicc of Attorney (xenernl for tlie years IS'ol and 1865.

Sec. 2. Th it t is act take effect from and after its passage.

Approved Noveiaber 8th, 18G4.

CHAPTER YI.

An Act mppknientary to an Act entitled an Act regulating Juries, approved Mag
4th 184ii.

Skckon 1. Be it enacted by the Legislature of the State of Tc.ms, That the
oonnty courts of the several counties in tlii.'^ State shall hereafter revi.-jo the jury
li.'5ts of their respective counties, as now required bj law, at tiieir first regnhir
term in each year; Provided tiiat if from any cause the same should be omitted at
eaid term, said courts .sliall rcvi.se said lists at tho next succeeding term or at a
special terra to be called for sai<l purpose.

Sec. 2. In every county whore the number of citizens liable to jury duty at
the time of the revision of the jury li.st sliall be less than one hundred, it shall
be the duty of the couMty courts to place upon the jury listjs the names of all Jus-
tices of tho Peace, Constables, Coroner.^ Overseers of roads. Couniy Surveyors
and County Treasurers, who are not exempt from jury duty for other causes ihaa
qftieia! position, and said persons shall be required to serve as other Juror.s, unless
iucompatible with the actual di;cli;irge of their ofdeia! duties* at the time their
services shall he required, to be decided by the Judge of the court in session.

SiiO. 3. All laws and parts of laws contlicting herewith are hereby repealed,
and this act siiall take efi'eet and be in force trom and after its passage.

Approved, Nov. 14th, I8tj4.

CHAPTER YTI.

An Act to amend (Jie V2lh and 2lih sections of an xlct eniitle-1 an Act to anthnrize

th". County Courts to regulate lioadx, appoint Overseers, &c., approved February

6!h, 1856."

Skction 1. Be it e:t acted by the Legislature of fJie State of Texas as foUou's :
Tliat the r2th section of the act recited in tlie caiition hereof, be fo amended as
that the same sliall Iiereafter read as follows, to-wit : Sec. 1'2. All free white male
persons between the ages oi seventeen and tiffy years, and all male slaves and
Other persons of color over sixteen and luider fifty years of age, shall be liable,
and it is hereby made their duty, to work on, repair and c|ear out the public roads
of tiiis State, under sucli provisions and regulations as hereinafter made.

Sec. 2. That section 24 of said act shall hereafter read as follows, to-wit :

Sec. 24. All fines imposed under the provisona of thi8 act sliiill be collected
in gold or silver- coin, State trcasuiy v.-arranis or Confederate niouey of the new-
issue at its market value, and wheu recovered, after deducting therefrom all legal
costs, the balance shall be paid over to the overseer of the road, in the precinct
Tyhere the penaltj'^ accrued, for which amount the overseer shall give his receipt,
the money to be applied by him co the improvement and keeping in good repair of
his road.

Ssc. 3. That this act take effect from its passage and be and remain in force
until twelve months after the close of the iDresent war.

Approved, Nov. 14th, 1864.

. CHAPTER YIII.

An Act supplementary to, and amendatory of an Act to estahlinh a code of crimi-
nal procedure f oh tin State of Texas, approved August 2G?A, 1856.

SF.CTfON 1. Be it enacted Jill the Legislature of the State of Texas, Thai: arti-
cles %0, %"2 and !M51 of the above entitled act shall hereafter read as follows, to-
wit: Art. 960. Tht' Khe riff shall receive from the county, for each guard he may
employ and for the support and mtintenance of fach prisoner in hiscu-tody
Kueh auinuut as the t'iiief .Justice may, in hia discreti"n, designate as necessary
and sufficient, to bo allowed by the (;hief Justice on the presentation to him of
tlie acciiunt verified by the oath of the She.'iff. Art. ;)(/2. At esch term of the
District Court of his countv, tho Shorilf may pr^seut to tnc District Judge
presiding, his nccoiint for ail expenses incurred by him for food and lodging
of jurors in cases of trial for felony du/ing the term a,t which his account is

ires.eiitcd, which account shall be verified by the oath of the Sheriff. Ar);.

Gl. The District .Ju<lge shail give to the Sheriff a draft upon tho County
Treasurer for the amount of e.ii-h account allowed by him, and the same
when i>rosonted to the Treasurer shall be paid out of any monei' in his hands.
The Chief Justice sh>dl give to the .sheriff a draft. upon the County Treasurer
for the amount of each acco'rr.t allowed, not to include those allowed for keep-
ing prisoners brought from other counties for safe keeping, or for trial on change
of veuuo, and the same, when presented to the ('ounty Treasurer, shiiU be paid
out of any money in his ha ds; and he shall also give the said Sheriff a draft for
the amount of each account allowed by him ou account of any prisonfra bn.ught
from another couuty for safe keeping or trial on change of venue, on the County
Treasurer of tho county from which such prisoner may have been brought ; and
the same when pr^i'ented to tho Treasurer of such last named ci>uuty shall be
paid <iutof any money in his hands.

Sec. 2. That this act shall take effect and be in force from and after ite
passage.
Approved, Nov. 14ch, 1864.

I

CHAPTEK IX.

An Act viaJcing appropriation to pay the mileage and per diem of the members and
theper diem pay of the Offi.cers of the second extra session of the tenth Legislature.

Fectionj. 1. Be it enacted by the Legislature of the State of Texas, That the
sum of fifty thousand dollars, or so much thereof as may be necessary, is hereby
appropriated to pay the mileage and per diem of the me.aiber*, and the per diem
of theoflicers of the second extra session of the tenth Legislature, and th« eer-
tiQcateof the Clerk of the House, and Secretary of the Senate, of the amount
due shall be authority to draw said money from the treasury of the State, for
tQeir respective Houses.

Sec. 2. Thai; thii? act tnke effect and bo in force from aud after its passa<'e.
iippx'oved, Kov. IStli, 16G4.

CHArTiSK X.

An Act mahing an appropriation for paj/ing (lie contingent expenses of the second
<xtra session of the tenth Legislature.

Section 1. Be it enacted bj/ the Legislature of ihc Slate of Texas, That the
S'liii of twenty- fiv(3 thiHisniKi doUars. or so tniich tlioredf hs uiay to Leces,sarv,
ie hereby appropriated to pay the continfjent expenses of the secoti'^ extra ses-
sion of th« tenth Legit^lature ; Provided, that for the postajie billa due, Uie
Comptroller shall issue his warrant ou the Treasurer, payable iu Cuufederato
treasury notes.

Si:c. 2. This act to be in force from and after its passaga

Approved, JS'ov. loth, 1664.

• CHAPTER XL

An Act to raise Revenue from Occupation and Income Taxes. Be it enacted Ig
the Legitiaturc of the State of Texas asfolhncs:

Skction 1. On each occupafioii of distilliiij:^ s]Mrituon5 liquor, by u«e of a
Ftill capable of holding ei.!?hty gallons, there sbali be leviod an annual tax of one
ilionsanvl dollars; iind on each oecnpalioi. of siicli distillinir by use of a .still of
gj'cater or les.« capacity than eighty 'siallons there shall be a proportional annual
t;ix. It is underfilood that such uso of each still constitutes a separate occupa-
tion, subject to the appropriate tax. The term "still," as used tbroupiiout this
act, comprehends evi-ry kind of nietaliic or wooden vessel, used for boiling Tupiid
iu the process of distillation. And every perton engaged in such occupation is
called adistilK-r.

Sec. 2. Xo person shall engage iu the occupation of distilling spirituous
liquors, without previously obtaining a license therefor: and such license may be
obtained iu the tbllowing manner : A person or company purposing to engage
in swcfi occui)aiion .sh:tll pay the proper tax to the Assc.-s-or and Collector of
taxes of the county wherein the business is to be couductvd, who shall give a
corresponding receipt. According to such receipt the Clerk of the county court
of said county shall issue a license for pursuing such occupa'ion for the term of
one year. Provided, the Assessor and Collector, before giving such receipt,
shall accurately .ascertain, by his own measurement, the number of gallons
whieh the still may be capable of holding

8kc. S. On each occupation of retailing spirituous or other liquors, tHere
shall be levied a tAs. at the rate of two hundrecWmd lifty doHars per aniunn, which
tax sh^ll bo levied and collected, as provided for other taxes in the fir.>-t section.
The term "retailing" in this act is understood to mean selling in a quantity less
than a gallon. No person shall engage iu the occupation of retailing spirituous or
other liquors without previously oiiiaining a license therefor; and such license
may bo o.btain(?d, as provided ior otlfpr licenses in the second section ; Provided
such lieense may be issued for any lime not exceeding one year nor less than three
mouths.

fc>Ei;. 4. It shall be a misdemeanor for any person, either nloue or as ono
of a eompany, to violate cither of the foregoing prohiliition.s: the ono against
di.stilling without a license, .and the other against retaNiug withovil a lieense : and
the uulicens^ l)ursuit of either of such occupations on any ono day shall consti-
tute the comph.'te offense : and the otfcnse will be compleie for each day on which
cither of such occupaiious shall be pursued without license. And any person,

t

who shall pursue the occupation of distilling without license, so as to Tiolate tho
first prohibition and be 2,Hii!ty of a misdemeanor, as aloresaid, shall be punished
by a tine of one hundred dollars; and any person who shall pursue the oeeupa-
tion of retailing without license, so as to violate the second prohibition and be
guilty of a niisdoiueanor, as aforesaid, shall be punished by a fine of fifty dollars;
and such fines, respectively, shall be imposed for the separate oifense of each
day, ou wJiich an offender may so violate a prohibition.

Sgc. 5. The Assessor and Collector of the county in which such offense
Siiall have been committed against either of said prohibitions, is required to
prosecute every such oflfiiuder before a proper tribunal. And for such service the
person so prosecuting shall be entitled to a commission of twenty per centum on
the amount that may be collected of any such fine.

The District Judges shall. have jurisdiction to prevent any person from pursu-
ing either of sucli occupations without license, as against pul»lic policy, and for
such purpose may use the writs of injunction and attachment, and any other
appropriate remedy.

The Assessor and Collector is required to present to the proper District Judge,
by petition, a fall showing of every such oftense, and to prosecute each known
^ifendcr, to prevent the unlicensed pursuit of either of such occupations. For
such services the Assessor and Collector shall have such conipensiition as may be
allowed by the Judge, before whom the case shall be presented as aforesaid.

If the Assessor and Collector should wilfully fail or refuse so to present and pros-
ecute any such case before the District Judge, such fadnre or refusal shall be
considered a misdemeanor; for which the puuisluueiit shall l)e a fine of one thou-
sand dollars, or an imprisonment of one month, or both, as the jury may deter-
mine. And the District Attorney, for liis services, shad have twenty per centum
on the amount, tliat may be collected of such tine.

Moreover, the District Attorney is charged to see that this act shall be enforced;
and to this end, in case of delay or failure, or refusal of the Assessor and Collector,
the District Attorney shall institute and prosecute proceedings for any offense of
pursuing either of said occupations without license; and he shall be entitled to
compensation as prescribed for the Assessor and Collector. And, on delay, fail-
ure or refusal of the Assessor and Collector, the District Attorney shall institute
and prosecute proceedings before the District Judge, to prevent the unlawful
pursuit of cither of such occupations; and said attorney shall be entitled to com-
pensation, as prescribed for the Assessor raid Collector.

But no license shall be i.ssued for retailing liquor until the person or company,
applying therefor, shall have given bond to the State, with sufficient sureties, to
be approved b}' the Chief Justice, in the penal sum of one thousand dollars, con-
ditioned that the retailing estal^lishinent shall be kept in an orderly manner.

Skc. G. There shall 1)6 levied and collected an income tax of five per centum
on the gross amount of all sales of spirituous or other liquors, including beer and
wine, of all kinds. And any , person or firm making any such sale, either by
wholesale or by retail, shall render an account thereof , in writing, and on oath,
stating fairly the full amount of tli* sales, and the value of any quantity disposed
of in any other manner than by sale, which shall be regarded^is a sale for such
value ; and such returns shall be made, within one month from the time of such
disposal, to the Clerk of the County Court of the county in which such disposal
shall have been made. And such tax shall be promptly paid to the As.ses.sor and
Collector of said county, every mouth, as it shall become due. And any person
who shall fail to comply with either of the foregoii\g requirements, as to raaking
returns or payments, shall be guilty of a njisdenieanor, and on conviction shall i^e
punished by tine in the sum of one thousand dollars, or by imprisonment not
exceeding six months, or by both, as the Jury maj- determine.

Seo. 7. Theie shall be levied and collected an inco;ne tax of ona per centum
on the gross amount of .all sales of all kinds of merchandise, except the articles
mciUioued in section six, and agricultv.ral and mechanical produets, when disposed
of by the producers. And returns of such sales and other dispositions of such

tarred mcrc'irindisc shall be made, and the taxes thereon shall he paid and col-
lected, in all respects as prescribed in seetion six. a^ to other taxes. And viola-
tions of the provisions of this section shall be uiisdcnieaiiors; and the persons so
oOending shall be punished as provided for punishing oftcaders under the sixth
section.

Si;0. S. There shall be assessed and collected, annually, the following taxes
on persons pur.-uing tlic. foUov.-ing respective occupations: On every \vh ok sale
merchaut, vriiose business may be wholesale, retail oi' commission, three hundred
dollirs; on every retail merch-int, one hundred dollars; on every dru,i;s:ist,
one Imndrcd dollars ; on every auctioneer, one hundred dolUirs, on evcrj' hawker
or pcddlar, fifty doilars.

Skc. 9. There sliall be assessed and collected, annually, the following taxes
on ])ersons pursuing the following respective occupations: On every pcrsoa
heeping. for pla^y, a billiard table, or a nine or ten pin alley, one hundred dollars;
on every person doing a storage or warehouse Jjusiuess, one hundred dollars; on
every person doing the public business of compressing oV ro-pressing cotton, ono
hundred dollars; on every insurance company, one hundred doHars; on every
ferrying estahlipliment, doing t'.ie business as much as three months in the year,
twenty-live dollars; <in the ownership of any toll bridge, twenty-tive dollars; on
every dentist, fifty dollars ; on every establishment for brokering or commission
business, fifty dollars; on every establishment for underwriting, fifty dollars ; oa
every establishment for pawnbroi.ering, fifty dollars; on each negro trader, doing
such bnsiiu^ss as an occupation, but not as a merchant or auctioneer, two hun-
dred dollars; on each estaldishment of stage contractors for each separate mail
route, one dollar for each mile o! the length of the route; on each esilablishment
for an aeconunodalion stage or hack line, fifty dollars ; on each lawyer, ten dollars.

And eacli person or company, pursuing any occupation mentioned in this sec-
tion, sh;-Jl pay an income tax of two per centum on the gross amount of receipts
ffom such occupation.

Skc. 10. There shall be assessed and collected, annually, the following tr.xca
on persons pursuing the follnwing respective occupations: On a keeper of an hotel
fifty dollars; on a keeper of a restaurant or eating house, twenty five-dollars; on a
keeper of a livery stable, lifty dollars; on each butcher, ten dollars: on each
president, director, cond\ictor, engineer, secretary or clerk ol"a railroad company,
or a railroad, twenty doHars ; on eaOh doctor, ten dollars.

And each pi'rson or c<impany. p'U'siiing any occupation mentioned in this sec-
tion, shall pay an income tax of one per centum on the gross amount of receipta
from such occupation.

8ko. 11. Railroad companies sliall pay an income tax of one-fourth of
one per centum on the gross amoimt ol receipts, I)}' the respective companies.

Skc. V'i. Tlie occtipation taxes iiupo^^ed l>y sections eight, nine and ten, shall
be collected as now provided l)y law ibrthe collection of occupation taxes.

Skc. 13. The assos.'imcnl, return' and collection of taxes oa oales, other
than those on sales of li'[uor, shall be subject in all respects, except in the rates
of taxation, to the provisions of this net for enforcing the as.?es?ment and collec-
tion of llie taxes on tiie i^ales of liquor, provided that permanent residents shall be
allowed three months fur iheir respective terms of as3cssraent,returu and collection.

Sl*,c. 14. Pergons liable for innome taxes arising from o««»pati()»3 efcall
report and pay such tax**!!, every three mouths, in the Uirtuiier h*»iein
ptovided fur reporting and payittg iucome taxes on sales; and Ikiliutjn to d" so
ehell he regarded na misdeineancrs, subjecting ofleudeis, on fcoavictiiu, lo fine
or iujprisouniciit, in the dii^cretion of^urioj t:yias! th^ oases.

Sr.«;. ir>. All taxHg, fines, valuations an4 penaUiofl of bonds, according to
the general terms of this ret, are underjitooJ to be iu specie; ami all payments
of liahilitiufi under this act shall be made iu specie, or ia C« inptvolUir'.-« wtiir&nfcB,
aulhoriziiig payment*- by the Tieaburer, '-r in coupons of Statu bonds, which
papers are receiv'able iu commuiutiou f<»r the specie, at par iLerewiih.

fciLC. IG. So far as the provieioue of any existing law eh.ll be iac<'iupatible

10

witb the provisions of Uiis act, such fcrmer pmvisions shall have no future foroe
nor effect ; hut existing Uabilites under such foiuier piovisioue are cot hereby
affected.

Skc. 17. This act shall beiu force from its paseago.

Appioved, Nov. 15th, 186-1.

CHAPTER Xri.

An Act to provide more effectvAilly for the Sxinj^ort and Blainienance of the Indi-
gent Families and Dependents of Texas Soldiers.

Section 1. Be it enacted by the Legislature of the State of Texas, That
600,000 yards of the ploih, aud all the excess of thread niatiufuctured hy the
Slate Peniteniiarj', be, and the sir.ie are hereby appropiiated annually for
the support and maintenance of the indigeiit families and dependents of
Texas soldiers. That said cloth and thread shall b<> distributed to the seve-
ral county courts of this State, in trust, to be used by tlieni in the purchase
of supplies, for supporting and maintaining said indigent persons in the
manner hereinafter provided, and in clothing them in cases of absolute nea
cesVilj'.

Sec. 2. That the Financial Agent of the PenitenLiary shall, without
delay, proceed to divide the State into six districts, each to be composed of
such contiguous couutics as may contain an aggregaie approximation as
nearly as may be of one- sixth of the* indigent persons in this State, who are
entitled to relief under tliis law, and that the cloth and thread due each county
on its monthly appropriaiion, shall be set aside each month by the Financial
Agent, and distributed by him to each district, in rotation, which, the Finan-
ci.'il Agent thull determine, by lot, in the presence of a majority of the Direc-
tors of the Peoiientiary ; and each District to be nuirsb'ered as drawn from
one to six. It shall be the duty of the Financial Agent to make known, by
printed circulars forwarded to the Chief Justices of the several counties, the
counties composing each district, and the month in which each district is
entitled to cloth and thread.

Skc. 3. The Comptroller shall furnish the Financial Agent with complete
returns of the indigent persons made by the Chief Justices of the respective
counties, in accordance with the existing law in such case made and provided,
■which shall form the basis of disiribuiion of the cloih and thread among the
several counties of this State, which distiibution shall be pronipily made by
the Fit;anciul Agent, upon the application of the county court of each county,
or lis authorized agent,, who shall receipt for the same, which receipt shall
be filed by ihe Financial Agent in the settlement of hi.s accounts ; such di,s-
tribution shall be raade to each county in a proportional quantity of thread
and of each kind of cloth manufactured.

Sec. 4. It S'hall be the duty of the county court of the respective
counties to promptly procure from the Financial Agent of the Penitentiary,
from time to time, the quantitj' and quality of cloth and thread, to which
their county is entitled, and to provide transportation for tiie same to their
county seat, and are hereby authorized upon the rccejition of the same to
dispose of it in a manner which they may think will beat subserve the pur-
pose of supplying the wants of the indigent families and dependents of Texas
soldiers, and those engaged in the naval. or mai-ine service of the State or
Confederate government," and they are further authorized to make sale of rho
game prior to its reception, by sample, or otherwise as they may think be.^t.
Provided the provisions of this act to distribute cloth to the counties .shall
apply only to such counties as shall, within ninety days aftev the passage of
this act, notify the Superintendent of the Penitentiary that they wish to re-

11

ceivc Hic same. And the rcmtiinder of such cloth shall be sold or offt-rcd for
sale to the Confederate States, and the proceeds shall be disiibuied to the
counties which liave not s-ignificd their willingness, to receive clotli; Provided,
further, that iti no cascshall the cloth be sold or bartered at less than its
market value.

Sec. 5. That in addition to the appropriation hcrcinbcfDre made and
Provided, the County courts of this State are herc^'y authorized and em-
powered, at their discretion, if \\\fy should deem ii advis.vbie, to levy and have
collected a tax on all propc subjects of la.xalion by the Slate as rendered in
Iheir respective counties, and including license tax and tax on merchandise,
ns shown by the assessment robs on file in their respective counties, and may
include the assessment for 18G4, and for any year thereifier, but sliall in no
case exceed the Stnte tax, on the particular subject of taxjiiion, which tax
shall be collected in such funds as the county court may deem proper, and llie
Assessor aiul Collector shall proceed to collect the same, in the manner pres-
cribed fi.r the collection of oJlur county taxes; Provided, "however, that no
property belonging to a soldier in the active military service, or naval or
marine service of the Confederate States, shall be sold for taxes, under the
provisions of this act during his eominuancc in said service; Pnivided, fur-
ther, that nothiug lurein contained shall be so construed as lo protect from
lax sale the pro[,ierty of any persons at. home on permanent detail; Provided,
further, that the tax payers shall liave tiie privileire of paying said tax iu
such articles of prime necessity as the county court shall, from time lo time,
deem necessary for tlie support and mair.ienance of the persons provided fox*
iu this act. The pric^ at whicii said articles shall be received, shall be de-
termined by said court every tlirce months orntiener, which shall be at a fair
market value in the funds receivable in the payment of the tax.

Skc. f). Xhe county court shall desigimte tl)e place or places within the
county where tlic articles proposed to be delivered in payment of the tax,
shall be received, and any tax payer who desires to pay produce or otlier
articles, shall deliver the same as required by the county court, and the receipt
of any member of tie county court, or its authorised agent, to whom the
articles are delivered, siiall be received by the Asse.-'sor and (^)l]ector, in
payment of the tax, ami retv;nit.'d by liim p.s a voucher in his settloinent with
the county court. The Assessors and Collectors of the county, in addition to
the duties prescribed bylaw, shall do and perform such other duties as may
be required of them by the county' court* in asses.-^ii'.g and collecting the tax
authorized tc be levied by ti.is law, and shall teceivefor their services a like
compensation as for assessing and collecting any other county tax; and In
case any Assessor and Collector fails or refuses lo perform his duty, he shall
be deemed guilty of a misdemeanor, and upon conviction thereof shall be fiiad
not less t!iai\ one hundred nor more than five hundred dollars, at the di>i<.Tetion
of the.I\iry.

Six. 7. The tax to be levied and collected under the provision-^ of thi.s act,
shall be duo ass-oon as' the same is levied, and the Assessor and CoUcetor shall
proceed innuediately to collect tliesame at the time and in the manner prescribed
by the county cotu't ; aiul in case tliere is a fuibire of the tax paver to pay the
gjiiuo within the time prescribed, the Assessor and Collector shall proceed to levy
on the propcity of the delinqnetit and proceed to s«dl the same in the maruier
prescriited by law for enforcing the collection of the State tax.

Skc. 8. It shall be the dtity of the county court to have entries madf> in a
book to be kept (or that purpose, a fidl and minute statement of all the cloth
received from the Peiiitcntiaty. to whom the same has been sold, at what price
and in what kiud of articles payment has been made, and the .amount of vioth
furnished iu kind ; also, the amount of tax levied under this law, how much of
the same ha'^ been collected in money, what character of money, and how nuich
in other articles ; also, the names of all persons to whom assistance has bccu

12

rendered under tlie provisions of tins act, how much eacli has received, and in
what kind of articles, and the date at \Yhich such assistance was rendered, which
book sliall be open at all times for the inspection of any person who may desire
to examine the same.

Sicfi. 9. The provisions of this act are intended to more cfivjctually support
and maintain the indigent families and dependents of Texas soldiers, who are ia
the army, navy or marine service of the Confederate States, or who have died or
been disal^lcd in the military, naval or marine service of the Confederate States,
Of who are in the military service of the State of Texas, or who have died or been
disaljledxin said service. Provided,

Sec. ]i). No member of the county court shall, cither directly or indirectly,
become the purchaser of any portion of the cloth i)!aced under their control by
vinue of this act ; end if any memlicr of the (iouuty court, or any other person
engaged in carrying out the provisions of this act, shall in any manner appro-
priate to his own use any cloth, money, produce, or other articles that comes
into his possession, for safe keeping or distribution, or otherwise, he shall be
deemed -guilty of embezzlement, and upon conviction be punished accordingly;
Provided, however, that nothing in tliis act shall be so construed as to prohibit
the counties whicli have not hereiofore received their quota of cloth under reg-
ulations, upon the sul)joc;t of distributing cloth for soldiers' families from receiv-
ing their proportion with other counties that have I'eceivod cloth from the
Penitentiary.

Skc. 11. That an act entitled an act antliorizing the county courts of tha
several counties in this State to levy and collect a special t.ix for war purposes
on all property subject to taxaiion by the Siatc, " approve*!, January 1st, 1862;"
Also, an act entitled an act to provide assistance for families and other depend-
ents of officers and soldiers, approved March Gth, 18(53, be, and the same are
hereby repealed, and this Act take etfect from and after its passage^-

Approved, Nov. 15th, 18G-1.

CHAPTER XIII.

An Act to amend the fourth scciicn of an Act, entitled an Act to provide
more effcctuixlly for the support and maintenance of the Tndigvnt Families
and dcpeudp.rits of Texas Soldiers, passed at the present seasiori, of the Leg'
islature, and supplcmcntarij to said Act.

Sf.c. 1. Be it enacted iy the Legislature of the State of T::xas, That thn fourth
section of the above rt-cited set shull herefiltcr read as fnllows: Shc. 4. It sh^dl
be tJioduty of the county court of the rcf^pective counties to promptly procure
from the FinaneiHl Agent of the Penitentiary, from rime to time, 'the quantity
end qimlity of cUith find thread to which their county ii» I'ntilled. and to piovide
trans(i<>rt*tion for the same to their county seat, and are h*^r«by »uthoriz-d,
upon the n>oeption of the same, to dispose ofit in a manner which. they may think
will be«-t subserve the purpose of supplying the wants of the indigent families
aad depv*n iente of Texas soldiers, and those engsgf^d in the nav,.! o ■ aiariue
service of the Stute or Confederate governments, and they «re further author
izttd to ninke sale of the same prior to ita recription by faaip'e or otherwise, as
they uirty tldok be.-t; Provided the provisionw of this act to distribute ch>t'i to
the couuiies shall apply only to nuch counties as ebal!, wifhin ninety days after
the p£.*u*[ge of this net, notify the Financial Ag^^ntof the Penitentiary thht they
wit-h U^ receive ihe sauie. And si>ouhl any countv fail to notify the Financial
Agent, of the iut'Otion of said county to receive said cloth snd thread within the
time prcruiriiii'd in ihix act. tlien it shall be the duty of the F^uanciai Agent of
the Penilentiar} to af.'r the same to the Confederate Govcrainent at jts fair
market value in Stite treasury wari-ant*, or Confederate money at its market
value. And should the said Confederate govtrument fail to purchase the 6aui«»

13

it is hereby macle the dnhy of the Financial Aacnf to pell said cloth
and thread to the highest bi'lier at public nuction, in the town of Kunts-
Ti!l*>, fur State treasury warrants, or Confedenito money, at its market value,
after frivinn at iea>=t forty days notice in some nvwrpaper published in t!ie State,
and when said cloth has been ?old, the proceeds ^hdl be disC'ibuted tn the coun-
ties which have ni)t signified their willingness to receive cloth and the receipts
of the Chief Justice shall be a voucher to the Financial Ageut in his aettleiuent
with the Comptroller.

Sec. 2. That the act to which this is supplementary and amendatory shall
be so construed as to allow the county courts to l.-vy aiid hixve collected a tax
upon ali proper sul'j'-cts ot taxatidD, as rendertnl within tlieir respective ci.un-
tioF, a tax ni>t to exceed in auioniit the State tax upon the parlicuUr suiject
of taxation, which ta:: may be collected ii\ specie, State treasury wariau'e or
Confederate treasury notes, at their market value, as the county courts \n their
discretion may direct.

Sec. 3. This act to take eQ'oct from and after its passage.

Approved Not. 15th, 1SG4.

CHAPTER XIV.

Ap Act to repeal an Act and part of an Act therein named.

SkctION 1. Be it eiKic'cd hij the Legislature of the Sfa'c of Tcxag, That an
act entitled an act to amend the third anil fdurth sections of an act to provi^le
neceosary assistance for faiuilies, and other dependent* of ofTicers and soldiers,
approved March (5tli, 18()3, approve' December KUh, lf(')3 and so much of" an
act entitled an act to provide tor the support of farniiiep and dependents of
Texas soldiers, approved December loth. 1863. a- pruvidee for the appropriation
of one million of dollars per annum for the support and ma'ntetiance of the fami-
lies, witTows and dependents of certain officers and stddiers of Texas, be nnd th«
game are hereDy repealed. But this act shall not be so constrtied ss to interfere!
with the pemi-n;mual distribution of said fund, which st.ould have been made
under the provisions of the fourth section of the last named act on the first cf
September, l'~04.

Sf.c. 0. This r.ct shall take effect and be in force from and after its passage.

Approved Nov. 15th, 1864.

CHAPTER XV.

An ^ict concerninu the distribution of cloth from, the, Pemtenfiary.

WitKHKAS, Under rr»gulation8 heretofore adopted by the Financial Agent of the
Pon't'-ntiary. cloth ^as been di.«itributed to a portion of the eounlies in this
State at rates then fixed, and, Whereas, aomo of the counties have not re-
ceived their quota under said regulations.

Section I. Be it enacted by the Lcjislnturn of the Slate of Texas, That it
shall be the duty of the Financial Agent of the Penitentiary to set apart ar;d dis-
tnbti'e to the Reveral counties in this State their equal proportion of cloth with
countiv^' that have receivt d cloth at the hnmc price and upon ^le ranie teinis
which it wa*! furnished to other counliefi under the last regulation, and it nhall bo
his duty to notify the ppvcral Chief .lueticcs nf the counties entitled to clolh, wh' n
It is ready for delivery, provided, however, that the distribution in this act ^!i«ll
not in erfere with the distribution under an act entitled an act to provide nioro
efr.?ctualiy for the s'lpport and maintenance of the indigent families and depend-
ents of TexiP sold'crs. but the Biiid distribution shall be ma ^.' out of the first
cloth on lyuid after the several connties are furnished under the said act referred
to, and, further, proyided that to authorize any county to receive clvth under thi»

14

act it shall be nect'ssary for the Chief Justice of the county to notify thA Finan-
cial Agent of die Pe:iiteDtiary within ninety days from the pa.ss:i,c;e of this act of
his intt^iition to take the clotii, otherwise the said C'luuty sliai) nut be entitled to
the benefits of this act; and this act shall take elfect and be in force from and
after its passaije.
Approved, Nov. i5th, 1564.

CHAPTER XVI.

An Act to authorize Railroad Compariies to dtscharr/c their indublcdncss to the
special school fund with the treasury loarranis and bonds and coupons of ihc State.

Be it enacted It/ the Lenishnurc of the State of Tczns, That the
rallro.^d companies of this State, tliat are indebted to tiio Special School Fund,
Fhali continue to be allowed the privileiie of paying th^ interest doe said Fund in
the Trea*>ury warrants and Bonds and Coupons of the State; and may also (Re-
charge the wh(de or any part of the principal of their indebtedness,
to that fund, (in the same inawner,) provided such railroad companies shall?
satisfy the Comptroller that the treanury warrantu and bonds and coupons of the
StatH are received by th<'ni at par wirh Specie for freight and passengei' travel.

Tha'. all treasury warrants and bonds and coupons of the State, so received
into the State trea.= ury, shall be cancelled; and the Qmiiptroller shall issue
the bonds of the State, bearing six per cent interest, to the Special School
Fund /or the amounts so paid in ; and this act take effect from its passage.

Approved, Nov. loth, 1SG4.

CHArTER XYII

An Act tc authorize the use of the Texas rcnilentiary for the confinement of convicts
from the States of Loidsiona, Arkansas and Alissouri.

Section. 1. Be it enacted hy the Lemslature of the SlxUe of Texas, Th&i any
person who l5as heretofore been convicted, or whn may hereafter be convictiid
by any competent court ol either of the States of Louisiana, Arkansas or Mis-*
souri. to hard labor in thf Penitentiary of such Staite, may be received into 'the
Penitentiary of the State of Tpxas. and sulijiictetl to the rules, reaula lions and
discipline of that institution with reference to the convicts of this State; and
remain there until the time for which such person is convicted expires, or until
recalled by the respective States whence Buch person is sent.

Sec. 2 A certified copy of the judgment of the conrt convicting such person
to hard labor in thH Penitentiary, or a certificate under the seal of the State in
which su-'h conviction is had. that such person has been so convicted, stating the
term for which sentenced, shall be sufficient evidence to authorize the Superin%
tendentof the Penitentiary to receive all snch persons, provided no more per-
sons shall be received under this act than the capacity of the Institution will
justify.

Sr:c. ?>. The transportation of par.^ons sent to the Penitentiary under this
act shall, in no event, be a charge upon the State or the Penitentiary; neither
shall the amount of money authorized to be paid to the C'>nvicts of this State,
at the expiration of their terms of conviction, be paid to convicts autho.ized to
bo received under this act.

Sec. 4. That this act take effect from its passage, and that the Governor
cause certified copies to be forwarded immediately to the Governors of said
States.

Approved Nov. Ijih, 1SG4.

15

CHAPTER XVITI.

An Act to provkU for the pvMication of the Si/noj^sis of the decisions of the
Supreme Court.

Section 1. 7?.; it enacted bi/ the h-nUlatnrc of the Slate of Tcxa-'^, That
the synopsis of tlie Hetisions of tlie Siipremo Court which have been ren-
dered since the publication of the last volume of repi>rt.s be publislied in
painpliiet fortn umler tlie direction and vsapervi^ion of the reporter of said
court; that tlfreo hundred copies of said work shall be printed untl a ropy
shall bo furnished to e:icb ffficcr and court entitled to cojiies of the reports
of the Supreme Court.

Skc. 2. That the reporter shall receive such compensation as the
JudfjGS of the Supreme Court shall adjudtre a proper remuneration, and
upon their certifioito the Comptroller vsha;! deliver ro the reporter a war-
rant upon the treasury for the amount to be paid out of the contingent
funi^' of the Supreme Court.

Skc. o. That thi.s act take cfTcct hud be in force from and afier its passage.

Ap;;roved, Nov. 15cli, 1804.

CIIArTEll XIX.

All A'.t to iJrot-tct persons in the right to consult connsdin certain cases.

SECTION 1. Pe it cihicted hfthe Lcf)islature of the State of Texas. That
if any civil or military officer, or any person whomsoever, havivig any per-
son in his or their custody, shall wilfully prevent said person in cu.stod\\
a.s aforesaid, from con.-i^iitina: with or coninuinicating with counsel, and
thereby prevent saiil p'.-r^on from obtaining- the advice or services of coivn-
8ol to prosecute his ieiral r!,a;hts. such otKcer or person so offending shall be
decmeil nuilr.y of a misdemeanor, and on conric'iun siiall be punished by
conlinement in the county jail not less than sixty days nor nxue than si.K
months, and by line not to exceed one thousand dollars for each and every
offense.

Snc. 2. This act to take cITect from its passage.

Approved, Nov. 15th, 18C4,

CHAPTER XX.

An .4ct T^^aking anapproprintion for the enclosure of the State Cemetery,

Section 1. Be it enacted hj/ the Lcgislatvre of the State of Tcra.^. That
the sum of Ten Thousand dollars, or so much thereof as may be necessary,
le, and the same is hereby appropriated, out of any money in the Treasury
not otherwise appropriated for the enclo-<uro of the State Ceuictcry.

Sec. 2. That the Governor be authorised to carry this act into effect,
and that this act tf>kc effect from and after its passage.

Approved Nov. 15th, 1S64.

CHAPTER XXI.

An Act to amend an Act entitled an Act to organize the I7th Jmlicial Dis-
trict, and to prescribe the time for holding courts therein.
Section 1. Be it enacted by the Legislature of the Slate of TexaSy That

18

tlie 17 (b Judicial District shall hereafter be composed of the counties of
Burnc't, Llano, Mason, Menari, McOulloch, Sau JSaba, Brown, Lampasas
and Williamson, and tlie Dist.ict Court shall be held twice in each year in
each of said counties, as follows: In the countj of Burnet on the 1st
Mondux's in March and S-opteiuber, and may continue in session one week ;
in the county of Llano on the 1st Monday iifter the 1-t Mondays in ]\Iarch
and September, and may continue in session one week ; in the county of
Mason on the 2d IMonday after the 1st jMondays in IMarch and S'-ptember,
and may continue in session one week ; in tlie county of Menard on tlio
3d Monday after the 1st Mondays in March and 'eptember, and may con-
tinue in sedsion one week ; in tlie county of McCulloch on the 4th Monday
after the 1st Mondays in March and September, and may continue in ses-
sion one T\*eek ; in the county of San Saba on tlie 5th Monday after tho
1st Mondays in March and September, and may continue in session one
week ; in the county of Brown on the 6th JMonday after the 1st jMondays
in March and September, and may continue in session one week; in tho
county of Lampasas on the 7th jNIonday after the 1st Monday in March
and September, and may continue in session one week ; in the county of
'Wiiliam.son on the 8th Monday after the 1st Mondays in March and Sep-
tember, and may continue in session until the business is disposed of.

Skc. 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 court established by this act.

Skc. 3. That this act take eli'cct from its passage.

App:-oved Nov. 15th, 1861.

CHAPTER XXIL

An Ad to regulate the Salary of the Private Secretary to the Goternor^ and
making an ajijiropriation tkerefur.

Section 1. Be it enacted by the Leg islatiire of the State of Texas ^ That
the sahirj"- of the Private Secretary to the Governor, for the years 1864
and 18G5, shall be at the rate of the Chief Clerks of Departments.

Skc. 2. That the sum of four hundred dollars, in addition to the
amount heretofore appropriated, be, and is hereby appropriated to carry
this act itito effect.

Sec. 3. This act to take effect from its passage.

Approved, No". 15th, 18G1.

CHAPTER XXIIL

An Act siiyppleTficntary to an Act, entitled an Act making an approjjriaiio?), to
defray the expenses of defending the Frontier for the years 18o4 and 18G5, in
pursuance of ths provision of om Act to provide for the vrulection of i/t6
Frontier, o,nd turning over the Frontier Regiment to the Confederate Stojtee
service, approved Deo. 15th, 18G3.

Section 1. Be it enacted hy the Legislature of the State of Texas, That
the sum of one million of dollars in Confederate States Treasury Notes be,
and tl'c same is hereby appropriated, to be expended m defraying the ex-
penses of the frontier, for the years 1861 and 1865, in addition to the suia
aopropriatcd hj the act to which this is ffftpplementary.

Sec. 2. That this act take effect froui its passage.

Approved, Nov. 15th. 1801. '

n

CHAPTER XXIV.

A71 Act supplementary to an Act entitled an Act to regulate proceedings in the
County Courts^ pertaining to estates of deceased persons^ approved March
20th, 1848.

Section 1. Be it enacledhy the Legislature of (hi State of Texas, That
■when the Executor or Administrator of any estate, the property of which
will escliCiit, for want of heirs, to the State of Texas, under the laws
thereof sliall have paid all th^^ legal debt.* due and owing by said estates,
the Cliief Justice of the county in which such aduiinistration, or execu-
torship exists, shall order such Administrator or Executor to proceed to
sell all tlie property of such estate, on a credit of twelve moiitlis, taking
therefor tiie promisory notes of the pur.;hascrs. with pood and suflicicnt
personal security, with a mortgage on all land and slaves purchased, and
report the sale to the County Court as other sales of the property of de-
ceased persons are n(>w required to be reported; upon such report of sale
being made the County Court shall make a decree closing tlic administra-
tion of the estate, as in ordinary case^, and order the assets of the estates
to be paid over forthwith to the Treasurer of this State, and the State of
Texas shall have power to proceed to collect the same, according to the
tenor of the obligation sued on, in gold or silver, and that only, as any
other creditor nnder the laws of tliis State, and in all cases where the Exe-
cutor or Administrator has heretofore sold the piopeity of a.iy such estate,
and paid all the debts of the same, the foregoing provision as to assets,
after sale, shall apply.

Skc. 2. That this act shall be in force from and after its passage.

Approved, Nov. 15th, 18G4.

CHAPTER XXV.

An Act to make fnrtlier appropriations for the support and maintenance of the
State Government for the years 1864 and 1865.

Sr.cTioN 1. Be it cnnctvdhy the Legislature of the State of Texn<;, That
the following sums are hereby appropriated to further provide for the sup-
port of the State Government, for the years 1804 and 1805 : To pay the
contingent expenses of the Supreine Court, §20,000. To pay for purchas-
ing firewood, lighting material, stationery, and for fitting up the capitol
for the next Legislature, for repairing and taking care of the furniturtf, and
for taking care of the capitol square and building, JSt^.O^O- For paying
extra clerk service in Troa.su rer's office, §1.200. For purchasing stationery
for A.ssessors and Collectors and Chief .Justices by the Comptroller, §5,000.

Skc. 2. This act to take effect from and after its passage.

Approved, Nov. 15th, 1804.

CHAPTER XXVI.

An Act to extend the time for the redemption of la/nd sold, or to he hereafter sold

for taxes.

Section 1. Be it enacted hy flic Lrgishtfure of the Sfofe of Texas, That in al^
cases where land has been sold for taxes, or may hereafter be sold for taxes

18

in tliis State, and purchased by individuals or by the State, the owner or
owners thereof shall be allowed until two years after the ratification of a
treaty of peace between the United States and the Confederate States of
America to redeem the same, upon the payment to the purchaser thereof or
the State, as the case may be, of double the amount of the purchase money
and costs of sale; Provided, however, that this act shall only apply to
cases where the owner or owners of the land sold or to be sold were or
may be in the military, naval or marine service of the Confederate States,
or of the State of Texas, at the time of making said sale, and, Provided
further, that no deserter (except such as may have been pardoned, and
restored by order of competent authority) from the military service of the
Confederate States, or of the State of Texas, shall be entitled to tho pro-
visions of this act.

Sec. ii. That all laws and parts of laws in conflict with this act be,
and the same are hereby repealed, and that this act take efiect and be in
force fr()ni and after its passage.

Approved, Nov. 15th, 1864.

CHAPTER XXVII.

An Act to establish the salary of the Chief Clerk of the Treasurer'' s office.

Section. 1. Be it enacted hy the Legislature of the State of Texas, Tbat
from and after the passage of this act the Chief Clerk of the Trea ure 's
office shall be entitled to and receive the same salary as the Chief Clerks
©f the other departments, and that the sum of four hundred dollars, or ^o
much thereof as is necessary, in addition to the sum already appropriated
for the payment of his salary, be appropriated to carry out the purpose of
this act.

Sec. 2. That this act take effect and be of force from its passage.

Approved, Nov. 15tb, 1864.

CHAPTER XXVIII.

An Act to authorize the Treasurer of the State to employ some competent person
to sign his name in certain cases, and making an appropriation therefor.

Section 1. Be it enacted hy the Legislature of the State of Texas, Tbat
the .Treasurer of the State be, and he is hereby authorized, whenever the
business of his office demands it, to employ some suitable person to sign his
name on tho Treasury Warrants hereafter to be issued by the Comptroller,
which said signing shall be under the direction and supervision of the
Treasurer.

Sec. 2. Before the person thus employed shall enter upon the dis-
charge of said duty, he shall take the oath prescribed by the constitution,
which said oath shall be attested and filed with the Comptroller of public
accounts.

Sec 3. That the sum of twelve hundred dollars, or so much thereof
as may be necessary, be, and the same is hereby appropriated, to pay for
the services of the person who may be employed under the first section of
this act.

Sec 4. That this act take effect and be ot force from its passage.

Approved, Nov. 15th, 1864.

19
CHAPTER XXIX.

An Act making an appropriation to re-cover or repair the roof 07i the old Land
Office.

Section 1. Be it enacted hy the Legislature of the State of lexas, That
the Slim of eight thousand dollars in State Treasury Warrants, or so much
thereof as maj' be necessary, be, a)td the same is hereby appropriated for
the purpose of re-covering or repairing the roof on the old Land OlBce —
the work to be performed under the direction of the Board of Commission-
ers of Public Grounds and Buildings.

Sec. 2. That this act take effect from its passage.

Approved, Nov. 15th, 1804.

CHAPTER XXX.

An Act making an appropriation of ten thomand dollars, or so much fhfrcof as
may be necessary to re-cover and repair the Executive Mansion, in the city of
Ari-stin, and the fences around the same.

Sf.ction 1. Be it enacted hy the Legislature of the State of Terns, That
the sum often thousand dollars, or so much thereof as may be necessary,
is hereby appropriated to re-cover and repair the Executive Mansion, with
the out-buildings, and the fences around the same, and that it shall be the
duty of the Board of Public Works to have the work done as early as
possible.

Skc. 2. This act take effect from its passage.

Approved, Nov. 15tb, 186-1.

JOINT RESOLUTIONS.

CHAPTER I.

JOINT RESOLUTIONS Concerning Peace, Reconstruction a7id Independence.

Wherkas, Among the political parties in the Uuited States the question of
a re-union of those States witli these of tlio CoHfederacy is being agitated, and
in order to promote such re-union it is urged that delegates be chosen from each
of the States in the Confederacy, and in the Union, to meet in convention to
reform the Constitution of the United States, which pioposition is cou|)led with
the 5?(rt5?: pledge, that such amendments shall be made to' that constitution as
will Ibrt'ver guarantee tlie institution of African Slavery in the States in this
Confederacy; and, Vl'lftTeas', it is possible that the political party in the United
States advocating that proposition may prevail at the approaching election ia
choosing the Executive of that Goveriiuieut, and that consequently the forego-
ing proposition may be attempted to be made to the States of t!ie Confederacy ;
now we of the State of Texas, believing that it is proper to meet such proposition
in advance, have resolved as follows :

Rksolvkd 1. Be it resolved b;i the Legislature of the State of Texas, That
neither the above proposition nor any other can be riiade to the people of this
State, by the United States or any otiier foreign people, the Government of the
Confederate States being the only organ of the States in the Confederacy for the
transaction of business witli foreign nations, and such proposition, if made at all,
must be made to the Government of the Confederate States, and if made to the
Government of this State, will not be entertained.

Kesolution 2. That we recognize in that proposition no good faith, but
merely an insidious policy to " divide and conquer," a policy through which it
is hoped to detach some of the States from the Confederacy, thereby to weaken
and demoralize the rest. To accomplish tliis an appeal is made to our love of
property wliich as it is the all prevailing motive to the action of the people of the
North, they supposed would control our conduct.

Eksolction 8. That it will be well for the people of the North to under-
stand, even at this late day, that the Southern States did not secede from the
Union upon any question such as the mere preservation of the slave property of
their citizens. But, that being free and sovereign States, they were resolved to
preserve their freedom and their sovereignty. They were free to govern them-
selves as they, and not as otiiers saw fit. They were free to change their
government, to erect a new one, and to make whatever alliances they shoidd
choose. And after nearly four yearsot arduous war, these States are still un-
wavering in their resolution to preserve their freedom and their sovereignty,
without which all else is valueless.

Rksolution 4. That, could the present war and all its horrors be blotted
out of our memories, our past experience, while in the Union, would warn us
from any re-union with the people of the North. A written constitution adopied

21

by our ancestors and theirs, which contained, plainly worded guarantees of the
rights of all; was by them and their sworn representatives ddibcratoly and per-
sistently violated to our injnrj', and finally, after years of discussion, when
the qufsilou was undersiandingly before the people at large, they elected a
Cliief Magistrate wi'h the purpose that lie should destroy our liberties in
disregard of the Constitution which he had sworn to support; thus exliibit-
ing Ml instance of radical and wide spread natiimal depravity, to the honor
of liumaii nature, never exhibited in the world bi fore.

Rk.solutiox 5. Hut we could not, if we would, banish from our memories
the iiihuniauities of this war. Our enemies have repudiated every principle
of civilized warfare. Tiiey have withdrawn their felons from jails and
I'cnilentiaries, have recruited from tlie scum of Europe, and armed our own
elavcs, in order to procure an army sufliciently atrocious tor their purpose;
and this army has been launched upon us with the delared object of our
extermination. Poisoned weapons have been manufactured and used; ex-
change of prisoners has b'een refused until the success of our arms extorted
a cartel, and the terms of this have been violated by (iiem whenever the
varying fortune of the field made it apparently advantageous to do so. Our
countrymen when captured have been removeU to rigorous climes, and sub'
jecled to every hardship, that thus they might be destroyed. Non-combatants
have been murdered. Indiscriminate onslaught has been made upon totter-
ing age and lender youth. Our chaste and defenceless women have been
subjected to outrage worse than death. Peaceful villages have been bom-
barded, and happy homes plundered and burnt. Whole populations have
been removed and bondagod to Northern mastirs. Desolation has marched
with their armies. Religious siii-vices have t)een prohibited; ministers of the
gospel of peace have been incafcerated and silenced, and sacrilegious hands
have been laid upon our sacred altars. Lying to themselves, and pretend-
ing to tlie rest of the world that they are fighting ilie battles of freedom for
fourmillions of happy and contented negroes, they are attempting the en-
slavement of eight millions of freemen. With devilish mockery of philan-
thropy, they have deluded and dragged these negroes from tlieir comfortable
homes to use them as screens from our weapons in the day of battle, and
they have sent them by thousands to paiui'ul deaths by neglect, exposure
and starvation. Words cannot express the ma!if;nily in their hearts or the
atrocity of their deeds, exceeding, as they do, all iluii was ever conceived by
men, from the iScythian down to the Comanche. Nor has this been the con-
duct of an unbridled soldiery menly. Those officers of their army who have
surpassed the rest of the infamous, in infamy, have been rewarded with
promotion by their Government. Nor has their Government been alone in
identifying itself with these crimes. The people of the North have never
failed, "when the opportunity was presented, to render ovations to the most
transcendent among tiie criminals, while their press has been constant in its
laudation, and their orators and preachers have cried out "well done."
Armv, Government ami people have united to make the name of Yankee,
suggestive as it was before of fraud, now the synonym of barbarism and
baseness.

KEsoLurios 6. By the just pride of the manhood and the virtue which
we claim as individuals and as a people; by the divine command which
warns us not to walk in the way with the wicked ; by tlie memory of our
murdered dead; by the sight' of the bereaved mothers, widows, sisters,
daughters and orphans ia our land; by the hearlbrokenness of trampled
virtue, and by our desolated hearths, ffe are forbidden to admit a thought of
further- association witli the people of the North. Our heroic soldiers, the
living, and the martyred dead, forbid it ; and our trust in God forbids it.

Kksoluvion 7. We declire that we are earnestly desirous of peice,
but we say no less distinctly that it must be coupled with our indepeudence.

22

And if the people of the United States be really disposed to terminate the
■war, they will best prove that disposition by making theii proposition to the
Government of the Confederate States, which alone can entertain it.

Eesolution 8. That a copy of these resolutions be transmitted to the
President of the Confederate States, to each of our Senators and Representa-'
tives in Congress, and to the Governor of each State in the Confederacy.

Approved Nov. 12, 1864.

CHAPTER II.

JOINT RESOLUTIOK

Se it Resolved by the Legislature of the State of Texas: That the Governor
be and is hereby required, to discharge from service in the Frontier Organiza-
tion, all persons now embraced in said organization, who were not bona fide
citizens of the Frontier on the 1st day of July, 1863.

Approved November 15th, 18G4.

CHAPTER III.

JOINT RESOLUTION, construing ''An Act to require the Financial Agent
of (he State Penitentiarj/ to settle his accounts quarterly with the ■ State
Comptroller," approved January 2d, 1862.

Whereas, There appears to be reason to apprehend a diversity of opinion
between the Comptroller and the Financial Agent of the State Penitentiary
concerning the manner of rendering accounts by the latter — now, in order to
obTiate any such ditliculty. and to insure necessary information concerning
all financial aiiairs of the Penitentiary,

Be it resolved by the Leyislnturc of the State of Texas, That the true construc-
tion of .said act enjoins on said .-Vgent the duty of rendering accounts concern-
ing otlier property' as much as conce^ uing money — by specific details of all
receipts and disbur ements, including every kind of disposal — by showing not
only pecuniary balances, but also stocks of other property on hand— and by
exhibiting appropriate vouchers

And, to these ends; said act enjoins on the Comptroller, as he may consider
necessary and proper, to prescribe the modes of making such accounts and
rendering them — and to require of the Agent, that he observe such modes.
And fiirtlier, that this resolution be in force from its adoption.
Approved Nov. 15th, 18G4.

CHAPTER IV.

JONT RESOLUTION of thanks to the ninth rcyirnemt of Texas Infantry and
other State troops.

"Wmerkas, On the -Ith day of June, 1864, the Congress of the Confederate States
ef America passed a resolution of thanks to the ninth regiment of Texas Infant-
ry in the words following, to- wit :

" The Congress of the Confederate States of America do resolve, That the th«nk
of Congress are eniiueiitly due, and are hereby tendered to the ninth regiment of
Texas Infantry for their patriotic conduct in re-enlisting for the war, and tendering
their energies, lives and honor to the service of the Confederate States till it la
ended and our independence achieved."

as

1. It is Resolved hy the Leffislatvre of the State of Texas, That his excellency^

the Governor, be requested to cause said resolution to be plseed upon the execu-
tive records and filod amouEcst tlie arehivis of the State as a perpetual monument
of their gallantry and pairiolii; devotion to their country.

2. Unsolved, That the ninth regiment of Texas Infantry, on whose battle flag
is emblazoned Shiloh, Perryville, Murphreesboro, Jackson, Chici<amauga and
Missionary Ridge, is not only entitled to the distinction bestowed upon it by Con-
gress in said res'ihition, but it iscmiueully entitled to the thanks of the State of
Texas, which are hereby cordially given to it fur iis gallant and heruic conduct on
the above battle fields, on which it fully sustained the higli reputation everywhere
ascribed to Texas valor.

3. That it is with no feeling of partiality for the ninth regiment above that felt
by us for every other regiment frotn Texas, that lite foregoing resolutions are
agreed to, but because tlie merits of tliis regiment have been especiallv called to
our attention, and while we freely accord to the ninth regiment our "admiration
and esteem, yet we cannot refrain on such an occasion from giving expression to
that fathomless gratitude which the powers of no langimge can convev, felt by
every Texan for the gallantry, heroism and uncomjuerablc dov.Aiou to" our lioly
cause displayed on every field and under every vicissiiudc of trial and hard.-^liip liy
ever}- Texas regiment. We feel that all have done their duty nobly. They are
the representatives and upholders of the brightly accumulating glories that are
fast gathering new lustre to adorn and make still more effulgent tlie halo of glory
that surrounds the arms of Texas. We are proud of them. But their glory
belongs not alone lo Texas. It is shared in by our sister States, and umkea
the hearts of pHtriots leap with joy everywhere throughout the utmost bounds
of civilization, and ciijiUenges the respect of our enemies, and fills thehearfca
of the oppressors of nankuul with awe and terror.

4. That while no expression of ours can reach (he silent resting places
of the heroic dcsd, we cannot but remember that we owe (o them as m cii as
to the living. They have consecrated in the hearts of their countrymen a
gratitude that will be perpetuated as long as a love of li'>eriy exists in iho
bosoms of men, and be as enduring as the pyramids of Plgypt — more lasting
than mouuments of marble or brass, though capped with shafts that pierce
the skies.

0 Tliat we place our reliance firmly in the God of Hosts for the final
success of our cause, and humbly trust that He will support our armies in
every trial, shield them with His miglily arm in the terrible liour of battle,
speedily give them victory and success, grant us peace atid inJcpcadence,
and restore our absent heroes to their homes and loved vnes.

G. That these Resolutions be published for the information of our troops.

Approved, November 15ih, 18G1.

CHAPTER V.
f

JOINT RESOLUTION.

Resolved hy Che L'gislntvre of the State of Tex/is, That the impressment
of beef by the niilitary authority, for the purpose of exporting the same
to Mexico, is unwise as well a« uiilawfi>l.

That it is upon the beef of Texas that a large portion of the army and
people of the Coufederate States are, in a great measure, to rely for sub-
sistence.

That the wliolesale impressment of beef now being made by the military
authorities at the instance of the Government agents and contractors for
the purpose of exporting the same to Mexico for speculative purposes, is
calculated to destroy the .'*t(!ck interest of our State, and thereby greatly
weaken the resources of our Confederacy.

24

That we respectfully request the commandant of the Trans-Mississjppi
Department to prohibit forthwith the impressment of beel for the purpose
of exporting the same to Mexico. Also, that whenever there is a necessity
for making impressments, to have the same done, in strict conformity with
the law, and with due regard to the public interest.

That the Governor of this State forward a copy of this resolution to
Gen. E. K. Smith, the President of the Confederate States, and to each of
our Senators and R'-prescntatives in Congress.

Approved, Nov. 15th, 1864.

CHAPTER VI.

JOINT RESOLUTION concerning the laying of export duties on cotton.

Section 1. Be it Resolved hy the. Legislature of the State of Texas, That it
being a prime object to realize through the cotton in the Confederacy the
largest possible value with which to support this war, we say that the nieaus
to do so up to this time have not been adopted to that end. Tiie military
regulations and multifarious cotton orders, from time to time publislied, have
broken up legitimate trade. Tiie impressment and forced sale of the mate-
rial has still further depreciated its value by rendering property in it uncer-
tain. These regulations and orders were bad in themselves, but vere still
more disastrous because of the uncertainty attending tliom. No one could
regulate his btisincss by them, because they could be revoked in the next
■week or month. And, finally, tlie Prtsident of the Gonfederate Stales hav-
ing, under the authority of an act of Congress, taken cliarge of the subject,
has made regulations which he may suddenly change. The consequence of
this management persevered in, cannot fail to be the cessation of produc-
tion and with it all revenue derived from that source. Nor has this been the
only evil resulting from this vicious system. General officers whose whole
time is required in the field, are compelled to turn from their proper military
duties to traffic. To superintend this traffic, large numbers of men are with-
drawn from the army at a lime when the service of every man is necessary.
And, after all, tlic result is unprofitable, as always happens when a govern-
ment enters the market depending upon numerous agents, A further con-
sequence of this system has been, that the country, seeing the large outlay
for cotton purcliased and the small return, have become suspicious of pecus
lation and convinced of mismanagement, and men who were at first willing
to give their cotton to support the army, are now loth to sell it to any gov-
ernment agent.

Tha', to avoid the consequences of the present system, and to procure the
largest amount of revenue, we recommend to the government of the Con'cd-
erate States to desist from the purchase and impressment of cotton, from the
impressment of teams engaged in hauling it. to leave private enterprise free
to transport and export it, and to lay as heavy an export tax on it as it will
bear, not to impair its production.

Approved, November 15th, 1864.

INDEX TO GENERAL LAWS.

A

ASSESSMENT ROLLS, page.
To insure correct returns of, to the Comptroller's office 4

APPROPRIATION,

To defray the contingent expenses of the office of Attorney

General, for the 3'ears 1864 and 1865 5

To pay mileage and per diem of the Second Extra Session of

the Tenth Legislature 6

To pay the contingent expenBes of the Second Extra Session

of the Tenth Legislature 1

To enclose the State Cemetery 15

Salary of the Governor's Private Secretary 16

Additional, to defray the expenses of defending the Frontier. . 16
A-dditional, for the support of the State Government for 1864

and 1865 i1

Salary of the Chief Clerk of the Treasury office 18

Salary of Clerk to sign the name of the Treasurer 18

To repair or recover roof on Old Laud Office 19

To repair and recover roof on Executive Mansion 19

B

BEEF,

Joint Resolution in relation to Impressment of 2S

c

COURT, SUPRREME,

4th Section of the Act organizing amended 3

Clerk for each division to be appointed 3

Synopsis of Decisions of, to be published 15

COUIT, DISTRICT,

To define and fix the time of holding Courts in the 2d Judi-
cial District 4

To define and fix the time of holding Courts in tho I'Fth Judi-
cial District .' 15

COURTS, COUNTY,

Their duties in regard to Juries 5

Act to amend tho 12th and 24th Sections of the Act> in rela-
tion to roads 5

To have control of the cloth set apart to support soldiers' fam-
ilies 10

Act of March 20th, 1843, regulating proceedings in, amended 17

26

CODE OF CRIMINAL PROCEEDURE,

Articles 960, 962, and 964, amended, relating to pay allowed

Sheriffs, for supporting prisoners and bow made C

CODE, PENAL,

See "Penal Code."
CLOTH,

See "Penitentiary.',
COUNSEL, LEGAL,

Persons protected in their right to consult 15

CLERKS,

Salary of Chief Clerk of Treasury office fixed ■. . . 18

COTTON,

Joint Resolution concerning export duty on 24

D

DECISIONS OF THE SUPREME COURT,

Synopsis of, to be published 15

DISTRICT COURTS,

See "Courts."

E

Estates of diseased persons.

Proceedings in relation to escheated property, amended 17

EXECUTIVE mansion.

Appropriation to recover and repair 19

F

FDfANCIAL AGENT OF THE PENITENTIARY,

Joint Resolution construing the Act requiring him to settle his

accounts with the ComptroUer .* 23

Duties of, under Act to support Soldiers' famihes • 10

FRONTIER ORGANIZATION,

Joint Resolution requiring the discharge of certain persona

therefrom 23

J

JOINT RESOLUTION,

Of thanks to the 9th Regiment and other State Troops 22

JURIES,

Act supplemental to Act regulating 5

L

LANDS,

Sold for taxes, time for Redemption of, extended 17

LAND OFFICE, (Old,)

, Appropriation to repair roof of 19

M

MACHINERY,

Act encouraging erection of, amended 3

27

O

OCCUPATION TAXES,

Act levying, 7

P

PENITENTIARY,

600,000 yards of Cloth set apart for supporting Soldiers' Fam-
ilies 10

To regulate the distribution of cloth manufactured at 13

Counties that have not received tlieir quota of cloth under, for-
mer regulations, may receive, and how 13

Convicts from Louisiana, Arkansas, and Missouri, may bo con-
fined in 14

PENAL CODE,

Punishment for defeating the right to consult legal counsel. ... 15

PEACE, RECONSTRUCTION, AND INDEPENDENCE,

Joint Resolution concerning 20

PRIVATE SECRETARY OF THE GOVERNOR,

Salary of, regulated 16

K

ROADS,

Law regulating and appointing overseers of, amended 5

RAILROAD COMPANIES,

To discharge their indebtedness to the Special School Fund
in Treasury Warrants, Bonds, and Coupons of State
Bonds 14

s

SUPREME COURT,

See "Court."
SHERIFFS,

What pay and how made, allowed for supporting prisoners 6

SPIRITUOUS LIQUORS,

Tax on sale, and distillation of 7

SOLDIERS, TEXAS,

To provide more effectually for the support and maintenance of

the families of 10

County Courts to levy a specific tax for the support of the fam-
ilies of : . . . . 12

^JJ', 600,000 yards of Penitentiary elotli and all the excess of thread

set apart for support of famihes of 10

Act of the present Session for the support of families of,

amended 12

County Courts to apply for their quota of cloth, within 90 days,

and providing for disposition of, if not applied for. ... 10

Certain Act iu regard to families of soldiers, repealed 13

STATE CEMETERY,

Appropriation for enclosing 15

STATE TREASURER,

Authorized to employ a competent person to sign his name in

certain cases, and making an appropriation therefor. ... 18

58

T

TAXES,

Occupation and Income, levied 7

To be paid in Specie, Treasury Warrants, or Coupons of State

Bonds 9

Specie tax to be levied by County Courts, if in their discretion,
they deem it necessary for the support of Solderis'

families 11

Payment in produce may he made , 11

Time to redeem land sold for, extended 17

DEPARTMENT OF STATE, t
Austin, Texas, January 19tli, 1865. )
I, R. J. TowNES, Secretary of State for the State of Texas, do hereby certify,
that I have compared the foregoing Laws and Joint Resolutious of the Second
Called Session of the Tenth Legislature, with the originals now on file in the De-
partment of State, and that they are true copies of such originals.

I further certify, that the said Second Called Session of the Tenth Legislature
of "the State of Texas, assembled on Monday, the 17th day of October, 1864, and
adjourned on .the 15th day of November, 1864.

In testimont whebeof, have hereunto set my hand, and affixed
the Seal of the Department of State, the day and date abova
written.

E. J. TOWNES,

Secretary of State.

i/

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