Sec. 2. That if the parties interested, namely, the person or persons acting under or representing the Government of the United States in the said Coast Survey, on the coast of Texas, and the person or persons owning or possessing any land so entered upon and to which damage may have been done, cannot agree together upon the amount to be paid for the damages by doing any of the acts aforesaid, either of them may complain in a summary manner to the Chief-Justice of the county in which said land is situated; who shall associate with himself two disinterested free-holders of said county, one to be named by each party interested, and the said Chief-Justice and free-holders shall, upon hearing the parties and their evidence, and with or without view of the premises, as they may determine, proceed to assess, award and adjudge such damages as may have accrued to the owners or possessors of said .land: provided, that the said Chief-Justice shall so soon as said complaint is made before him, fix a day and place for the hearing thereof, of which the opposite party shall have at least ten days notice; and provided further, that if said Chief-Justice and freeholders can not agree as to said damages, the decision of any two of them agreeing shall be their judgment or award. Sec. 3. That the Chief-Justice and free-holders, or the two of them agreeing, shall enter up in writing a brief statement of the matters in controversy before them, and also their judgment or award, which shall be signed by them or the two agreeing, and shall be within ten days thereafter, filed in the office of the Clerk of the District Court of the same county, and upon satisfaction and payment of the said amount of damages, the same shall be conclusive evidence of the assent of said owners or possessors in the premises; provided, that either party shall have the right within ten days after the filing of such judgment or award in the office of said clerk, to file objections to said judgment or award. of which a copy shall be issued by said clerk and served upon the opposite party, whereupon the said judgment or award shall be suspended, and an issue shall be made up and a trial had, at the first succeeding term of said District Court, as in other cases; and provided further. that unless said objections be filed within the said ten days, or satisfaction made of said judgment or award, execution may issue thereon by the clerk of said court as in other cases. Sec. 4. That any person or persons so entering upon any land as aforesaid, for the purposes aforesaid, may tender to the party injured sufficient amends for any damage done upon said lands, and if upon examination before said Chief-Justice and free-. holders as aforesaid, or upon the trial before the District Court as aforesaid, the damages finally assessed shall not exceed the amount so tendered, the person or persons so entering and making tender of amends shall recover his or their costs. Sec. 5. That the costs on any proceedings by virtue of this act, shall be by analogy to the compensation for like services, performed by the same officers, the said free-holders to be allowed two dollars per day each, for every day of necessary service they may perform. Sec. 6. That all complaints and actions against any person or persons, entering on any land as aforesaid, shall be forever barred, unless prosecuted within one year from the time the cause of such complaint or action occurred. Sec. 7. That if any person or persons shall wilfully or wantonly injure, deface or remove any signal, monument, work, building or appendage to any of them used or constructed within the State of Texas, under and by virtue of the acts of Congress aforesaid, he and they shall be liable to indictment for the same, under this statute, for each and every such offence, and upon conviction thereof, shall be sentenced to pay a fine of not less than fifty nor more than five hundred dollars, one half of which shall go to the prosecutor, and the remainder to the State of Texas, or shall be imprisoned not less than one month, nor more than six months, or both at the discretion of the jury, and shall also be liable for all damages sustained by the United States of America, by reason of any such injury, defacement or removal, to be recovered by action in any court of competent jurisdiction. Sec. 8. That this act shall take effect and be in force from and after its passage. Approved, February 7, 1853. STATE OF TEXAS. I, THOMAS H. DUVAL, Secretary of State of the State of Texas, certify that the second session of the Fourth Legislature of said State commenced its session at the City of Austin, on Monday, the tenth day of January, in the year one thousand eight hundred and fifty-three, and adjourned on Monday, the seventh day of February, in the year one thousand eight hundred and fiftythree. And I further certify, that the Acts and Joint Resolutions contained in this Volume, are true copies, taken from the original rolls deposited in the Department of State, with which they have been carefully compared. Given under my hand and Official Seal, at the City of [L. S.] Austin, the seventeenth day of March, in the year one thousand eight hundred and fifty-three. THOMAS H. DUVAL. INDEX TO GENERAL LAWS. A APPORTIONMENT of Senators and Representatives among the sev APPROPRIATIONS-For defraying the expenses of three companies 66 of volunteers called into the service of the For the improvement of the rivers of the State, APPEALS AND WRITS OF ERROR from the 13th Judicial District, act relating to, ASSESSORS & COLLECTORS OF TAXES Supplementary to an act fied, AUSTIN'S SECOND COLONY and the Colony of Austin & Williams, 66 concerning lands in, and the Colony of Austin & Williams, ARCHIVES PUBLIC, of Bexar county, concerning, Page B BEXAR COUNTY, concerning Public Archives of, 38 40 C Page CAPITOL OF THE STATE-Supplementary to an act to provide for 42 COAST SURVEY-To facilitate the operations of persons engaged in, 61 COUNTY OF MADISON-Created, 18 10 37 18 31 COUNTIES OF PRESIDIO AND EL PASO erected into a separate land district, COUNTY OF WILLIAMSON, northern boundary of changed, 31 31 28 CAMERON COUNTY erected in a separate land district, 31 CLERK of the District Court of Houston county authorized to tran- 13 COURT of 10th Judicial District, time of holding defined, 27 44 in the 9th Judicial District, times of holding de- 47 in the 2d Judicial District, times of holding pre- 49 -99th, 130th and 131st sections of an act to regu- 19 DEBT of the late DUPLICATE LAND WARRANTS, Discharges and Headrights-Sup- plementary to an act authorizing the issuing of, Republic of Texas-to extend the provisions of an 54 46 |