seal up, certify, and transmit the result of said election to the Chief Justice or other proper officer of their county in the manner prescribed by the laws regulating elections for members of the State Legislature.

Sec. 4. Be it further enacted, That it shall be and is hereby made the duty of the Chief Justice or other proper officer of each county, within four days after the election, under the penalty of five hundred dollars recoverable in the name of the Governor for the use of the State on motion made in the District Court by the District Attorney, after ten days previous notice given to the officer failing to make return, to make out in writing, certify, seal up, and transmit by mail or other expeditious conveyance, a correct statement of the election held at all the precincts in his county, directed to the Secretary of State at the Seat of Government of the State, as is now required by law in other elections, and endorsed thereon: "Election Returns for the county of -- ," as the name may be.

Sec. 5. Be it further enacted, That it shall be the duty of the Secretary of State, in presence of the Governor, Lieutenant Governor, and Attorney General, or any, or either of them, on the fourth Monday in November next after said election, to open all the election returns received by him, and correctly add up all the votes cast in the several counties for each of said electors, and cause the result thereof, with the names of the persons elected to be forthwith published in some newspaper printed at the seat of government for this State, and in writing notify the persons elected, respectively of their election; and in the event of a failure to perform the duties in this act prescribed, and in the manner specified, said Secretary of State shall forfeit and pay to the Governor for the use of the State, the sum of one thousand dollars, which may be recovered by the Attorney General, upon motion made in the District Court of the county in which the seat of government may be then located, after giving ten days notice thereof in writing to the Secretary of State.

Sec. 6. Be it further enacted, That the electors so chosen shall convene in the capitol, at the seat of government for the State, on the first Wednesday of December next after their election, and vote for President and Vice President of the United States, and make return thereof as is required by the laws of the United States.

Sec. 7. Be it further enacted, That if any person so chosen

elector, shall by death, or other disabling cause, fail to attend by the hour of two o'clock in the afternoon of the day pointed out in this act, and vote as hereby required, a majority of the electors present, after having convened in accordance with the provisions of this act, may appoint some other person to act in the place of the absentee, and shall immediately report their action to the Secretary of State aforesaid.

Sec. 8. Be it further enacted, That the Governor shall, on or before the meeting of the electors, cause three lists of the names of such electors to be made out and delivered to them as required by act of Congress.

Sec. 9. Be it further enacted, That for the purpose of carrying this act into effect, it shall be the duty of the Governor, or in case of his inability, then of the Lieutenant Governor, periodically, as herein specified, to issue a proclamation under the seal of the State, and have the same published, for at least six weeks before the election in some newspaper printed at the seat of government, requiring the Chief Justice or other proper officer of each county in the State to cause an election to be held at each precinct in his county, at the time and for the purpose prescribed in and by this act.

Sec. 10. Be it further enacted, That this act shall have effect from and after its passage.

Approved, March 15, 1848.

CHAPTER 95.

An Act concerning proceedings in the District Courts.

Section 1. Be it enacted by the Legislature of the State of Texas, That the plaintiff in any civil suit, at any time before final judgment, upon motion of the defendant or of any officer of the court interested in the costs accruing in such suit, may be ruled to give security for the costs; and if such rule be entered against the plaintiff, and he fail to comply therewith, on or before the first day of the next term of the court, the suit shall be dismissed.

Sec. 2. That all bonds given as security for costs, shall

have the force and effect of judgments against all the obligors for the said costs.

Sec. 3. That if either party to any process or suit shall desire the testimony of the surety or sureties on his bond, given for costs or other purposes in the cause, he may give other good and sufficient security to be approved of by the court, but shall not thereby delay the progress of the cause: Provided, this section shall not apply to suits now pending.

Sec. 4. That executors and administrators of deceased person's. estates, shall not be ruled to give security for costs in any suit to recover money due or property belonging to the estate. And no security shall be exacted of executors or administrators of deceased person's estates, in appeals taken in suing for such money or property, or in defending suits brought against such estates for money or property.

Sec. 5. That suits may be commenced in the District Courts, upon all appeal bonds, given in the County Courts, pertaining to the estates of decedents and wards, and upon all bonds given in the District Courts, to remove causes of the estates of decedents and wards, to the District Courts within four years next after the right of action shall have accrued on said bonds, and not afterwards, saving to persons non compos mentis, infants, and femes covert two years after their respective disabilities shall be removed.

Sec. 6. That the bonds of executors, administrators and guardians, and the bonds described in the section next preceding, may be put in suit, in the name, and at the cost of any person or persons injured by a breach thereof, until the whole penalty shall be recovered thereon, and without the assignment of said bonds being made. by the Chief Justice of the County Court.

Sec. 7. That any person interested, desiring to have the proceedings of the County Courts pertaining to the estates of decedents and wards revised and corrected, may do so, by application to the Judge of the District Court, and the Judge of the District Court shall, upon such application being made, grant a writ of certiorari, to remove the proceedings to the District Court, there to be revised and corrected. And such certiorari shall not operate as a supersedeas, unless such applicant shall give a bond with good and sufficient sureties, payable to the Chief Justice of the County Court, in the same manner as in cases of appeal.

Sec. 8. That the Clerk of the County Court shall, upon being served with the certiorari, make out a certified transcript of the proceedings had at the time of the service of the writ, and transmit the same to the District Court to which the same is returnable.

Sec. 9. That writs of certiorari to remove the proceedings of the County Courts, pertaining to the estates of decedents and wards, may be sued out within two years after the proceedings were had, that are sought to be revised and corrected, and not afterwards, saving to persons non compos mentis, infants, and femes covert two years after their respective disabilities shall be removed. Sec. 10. That all civil writs and citations, (except subpoenas for witnesses and notices,) shall be returnable on the first day of the term of the Court after the issuance thereof; and in order to compel the defendant to plead at the return term of the Court, the writ of citation shall be served at least five days before the first day of said return term, exclusive of the days of service and return; and if the writ be issued too late, or cannot be served at least five days before the first day of said return term, exclusive of the days of service and return, the Sheriff or other officer to whom the same is directed, shall proceed, nevertheless, to serve the same, at any time before the return day thereof; which service shall compel the defendant to plead at the first term after the return thereof.

Sec. 11. That the return of the Sheriff or other officer, shall be made in writing on the back of the process or attached thereto, stating fully the time and manner of service, and shall be signed by him officially.

Sec. 12. That in all cases where process has been served, according to law, (except such causes as have been brought up from Justices of the Peace,) in which the defendant has not filed his plea on or before the fourth day of the term of the court, the plaintiff may, at any time, after said fourth day, have a final judgment against the defendant; and if the cause of action is liquidated and proved by any instrument in writing, the Clerk shall, unless a jury is asked for by either party, assess the damages of the plaintiff; but if the cause of action is unliquidated a jury shall be sworn to assess the damages of the plaintiff: Provided however, that in suits when service of the process has been made by publication no such judgment by default shall be taken at the term of the Court to which

such process is returnable; but all such suits shall be continued until the next term of the Court, when final judgment by default may be taken as in other cases: and provided also, in all cases, that if the defendant in person, or by his agent or attorney, shall appear in the case, without service or process being made, or perfected, then such appearance shall have the same effect as if the service of such process was made or perfected.

Sec. 13. That if the plaintiff, his agent or attorney shall, at the time of instituting his suit, or at any time during the progress thereof, make affidavit before the Clerk of the Court, that the defendant is not a resident of this State, or that he is absent from this State, or that he is a transient person, or that his residence is unknown to the affiant, the Clerk of the Court shall issue a citation to the proper officer, (which citation shall contain a brief statement of the cause of action,) commanding the said officer to summon the defendant, by making publication of the citation in some newspaper published in the county where the writ issued, if there be a newspaper published in said county; but if not, then in the nearest county where a newspaper is published, for four weeks previous to the return day of such process.

Sec. 14. That if the plaintiff, his agent or attorney, shall, at the time of instituting his suit, or at any time during the progress thereof, make affidavit that the names of the heirs, successors, or legal representatives of any deceased person, party to such suit, are unknown to the affiant, the Clerk of the Court shall issue a like writ, directed to the proper officer, commanding him to summon such heirs, successors, or legal representatives, whose names are unknown, giving the names of the original deceased party, their ancestor, by making publication of the citation in some newspaper published in the county where the writ issued, if there be a newspaper published in said county; but if not, then in the nearest county where a newspaper is published, for eight weeks previous to the return day of such process: When such notice is given and no appearance is entered within the time allowed for pleading, the Court shall appoint an attorney to defend in behalf of such heirs, successors and legal representatives, and proceed as in other cases. Sec. 15. That no application for continuance shall be heard before the defendant files his defence; nor shall any continuance be allowed unless by operation of law or by consent of