Imágenes de páginas
PDF
EPUB

evidence given by the parties for and against, the grounds assumed by them on their written statement, and no other, and after full and fair investigation they shall decide to whom the office belongs or set the election aside, and order a new one, as the case may require.

Sec. 21. Be it further enacted, That if the contest be for the trial of the validity of an election for members of the Legislature, a copy of the notices and other papers served on the parties as required in the 18th and 19th sections of this act, shall within ten days after the service thereof be filed with the Chief Justice or officer to whom the returns are made, and he shall envelope the same, together with a copy of the poll book or register of each precinct or county, returned to him and seal the same, writing his name across the seals, and shall address the packet to the Speaker of the House of Representatives, or President of the Senate, as the case may be; and shall forward the same by mail to the seat of government so as to reach there before the convening of the Legislature if possible.

Sec. 22. Be it further enacted, That in the cases provided for in the preceding section, so soon as the notice and other papers are filed, either party may apply to the Clerk of the County Court, for a commission to be directed to some Notary Public, or two Justices of the Peace, to act as commissioners in taking testimony by deposition, touching the pending contest, of the time and place of taking testimony, both parties shall be notified by the commissioners; no witness shall be examined without such notice, except in the presence of the parties or their attorneys, and the examination shall be conducted according to the rules of evidence, not more than fifteen days from the issuance of the commission shall be allowed to take testimony, and at the expiration of that time, the commissioner shall return the testimony written in a fair hand and signed by the several witnesses, and transfer to the Clerk of the County Court, who shall seal the same and address, and send them by mail to the Speaker of the House of Representatives, or President of the Senate, as the case may be, endorsing on the outside what it contains.

Sec. 23. Be it further enacted, That if any officer conducting an election, or to whom any duty in relation thereto is assigned by law, shall directly or indirectly so interfere in the election as to show undue partiality or use undue influence in the execution of his office for any of the candidates, he shall be

liable to prosecution by information or indictment in the District Court, and on conviction, shall forfeit and pay, or be fined in a sum not less than fifty nor more than five hundred dollars to be paid into the County Treasury, and moreover shall be deprived of the right of again filling any such office.

Sec. 24. Be it further enacted, That any person being a candidate who shall directly or indirectly offer, give or agree to give any elector, money or other reward in order to be elected, if such candidate shall be elected to the Legislature, he shall on due proof thereof, made to the House of which he is a member, be expelled and be disabled to be again elected for two years, and if he was a candidate for any county office, shall, on conviction of the offence mentioned in this section, be fined in a sum not less than twenty-five nor more than two hundred dollars, or be removed from office, at the discretion of the jury.

Sec. 25. Be it further enacted, That any person whatever, who shall in any election use or attempt to use any undue influence thereon, by threat, direct or indirect, by exciting or raising any tumult at any election, shall be liable to prosecution by information or indictment, in the District Court, and on conviction shall be fined in a sum not less than twenty nor more than one hundred dollars, or be imprisoned for not more than one month, at the discretion of the jury trying the case.

Sec. 26. Be it further enacted, That in all cases where a county is not organized, and there is no officer in the same authorized by law to organize such county, the Chief Justice of the nearest county, which is organized, may order elections for county officers, in any such disorganized county, and appoint the presiding officers and managers and Clerks of election as prescribed by law in other cases.

Sec. 27. Be it further enacted, That if from any cause there should be a vacancy in the office of Chief Justice of any county, a majority of the Commissioners of the County Court shall order a new election to fill such vacancy, to be conducted in the same manner and form as other elections for county officers.

Sec. 28. Be it further enacted, That an act entitled an act regulating elections, approved. May 11th, 1846, be and the same is hereby repealed, and that this act take effect and be in force from and after the first day of May next.

Approved, March 16, 1848.

CHAPTER 100.

An Act to amend the seventeenth and nineteenth sections of "an act regulating Juries," approved 4th May, A. D. 1846.

Section 1. Be it enacted by the Legislature of the State of Texas, That the seventeenth section of the above recited act, be so amended as to read as follows, to wit: That when from challenges or any other cause, there shall not be a jury to determine any case, civil or criminal, which may be called for trial, the Sheriff or other officer shall, by order of the Court, return Jurymen of the by-standers, sufficient to form or complete the panel, and if during the trial of any civil or criminal case, any Juror shall from any cause become unable to serve, the Sheriff or other officer shall, by order of the Court return a Juryman of the by-standers to supply his place, and he shall be sworn as other talismen, and the trial commenced anew; provided, no person shall be considered competent to serve on any Jury, civil or criminal, whose name is not enrolled upon the list required to be kept by the County Court, if the objection is made, before such person is sworn upon the Jury.

Sec. 2. The nineteenth section of the above recited act, shall be so amended as to read as follows: The Court shall have power to relieve one set of Jurors at any time by causing others to be summoned to supply their places, who shall be liable to serve for such a length of time as the Court may deem proper, and may likewise be discharged, and others again summoned to supply their places in such manner, as the Court may think most convenient and proper, and best calculated to despatch business, and subserve the public interest.

Sec. 3. This act shall go into effect from the time of its passage. Approved, March 16, 1848.

CHAPTER 101.

An Act to require Sheriffs, Clerks of the District Court, and Clerks of the County Court to keep their offices at the County seats of their respective counties.

Section 1. Be it enacted by the Legislature of the State of Texas, That the Sheriffs, Clerks of the District Court, and Clerks of the County Court of the several counties of this State, shall be, and they are hereby required to keep their several offices at the county seats of their respective counties.

Sec. 2. That in all cases, where the said Sheriff, and Clerks do not reside at the county seats of their respective counties, they shall be, and are hereby required, to have deputies in their several offices, residing at said county seats.

Sec. 3. That any Sheriff, Clerk of the District Court, or Clerk of the County Court in this State, who shall fail to comply with the provisions of this act, shall be liable to indictment by the Grand Jury of his county, and on conviction by a Petit Jury of his county, in the District Court, shall be removed from office, by the judgment of said District Court, and shall moreover be liable to any person injured by such failure, for all damages occasioned by such failure.

Approved, March 16, 1848.

CHAPTER 102.

An Act to be entitled an act, to make valid the acts of John D. Banton, as Clerk of the District Court of the County of Walker.

Whereas, John D. Banton was elected Clerk of the District Court of the county of Walker, on the second Monday in July, 1846; and, whereas, the said John D. Banton, after giving bond, and entering upon the duties of said office, died, without having received a Commission from the Governor of the State, Therefore,

Be it enacted by the Legislature of the State of Texas, That all the acts of said John D. Banton or his deputy, as Clerk of the District Court of the county of Walker aforesaid, be, and the same are hereby legalized, and made valid, as though he had received a commission in conformity to law; and that this act be in force from and after its passage.

Approved, March 16, 1848.

CHAPTER 103.

An Act to regulate the descent and distribution of Intestates Estates.

Section 1. Be it enacted by the Legislature of the State of Texas, That the estates of suicides shall descend and vest as in cases of natural death. If any person shall be killed by casuality there shall be no forfeiture by reason thereof.

Sec. 2. When any person having title to any estate of inheritance, real, personal or mixed, shall die intestate, as to such estate, and shall leave no surviving husband or wife it shall descend and pass in parcenary to his or her kindred, male and female, in the following course, that is to say: 1st. To his or her children and their descendants, if any there be: 2ndly: If there be no children nor their descendants then to his or her father and mother, in equal portions. But if only the father or mother survive the intestate, then his or her estate shall be divided into two equal portions, one of which shall pass to such survivor, and the other half shall pass to the brothers and sisters of the deceased and to their decendants, or to such of them as there be, but if there be none such, then the whole estate shall be inherited by the surviving father or mother: 3dly. If there be neither father or mother then the whole of such estate shall pass to the brothers and sisters of the intestate and to their descendants, or to such of them as there be: 4thly. If there be none of the kindred aforesaid, then the inheritance shall be divided into two moieties, one of which shall go to the paternal and the other to the maternal kindred, in the following course; that is to say-to the Grand Father and Grand Mother, in equal portions,

[blocks in formation]
« AnteriorContinuar »