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may occur in either of them, by death, resignation, or otherwise, after this amendment takes effect and thereafter, be elected by the qualified electors of the State in the manner prscribd by law.

Sec. 2. Be it further resolved, That the election for District Judges and District Attorneys shall be confined to their respective Districts.

Sec. 3. Be it further resolved, That the Governor cause this resolution to be duly published in the public prints of the State, at least three months before the next general election for Representatives of the State Legislature.

Approved, March 14, 1848.

CHAPTER 82.

An Act to define the time of holding the District Courts in the tenth Judicial District.

Section 1. Be it enacted by the Legislature of the State of Texas, That the District Court shall be held in each county in the tenth Judicial District, as follows, to wit:

In the County of Victoria, on the first Mondays in March and September, and may continue in session three weeks.

In the County of Calhoun, on the third Mondays after the first Mondays in March and September and may continue in session one week.

In the County of Jackson, on the fourth Mondays after the first Mondays in March and September, and may continue in session one week.

In the County of Lavaca, on the fifth Mondays after the first Mondays in March and September, and may continue in session one week.

In the County of Gonzales, on the sixth Mondays after the first Mondays in March and September, and may continue in session two weeks.

In the County of De Witt, on the eighth Mondays after the first Mondays in March and September, and may continue in session two weeks.

In the County of Goliad, on the tenth Mondays after the first Mondays in March and September, and may continue in session two weeks.

Sec. 2. Be it further enacted, That this act take effect and be in force from and after the first day of August next; and that from and after that time, all process in said counties shall be made returnable in conformity with the provisions of this act.

Approved, March 14, 1848.

CHAPTER 83.

An Act for the further organization of Henderson County.

Section 1. Be it enacted by the Legislature of the State of Texas, That the following shall be the permanent boundaries of the county of Henderson, to wit: Beginning at a point on the Trinity river, eight miles on a due course, below where a line running due South from the North East corner of Dallas county, may strike said river; and running thence North forty-five degrees East to a point due East, to the South East corner of Dallas county, as established by Albert G. Walker; thence due East to a point fortythree miles East of said South East corner of Dallas county; thence due South to the North boundary line of Anderson county; thence Westwardly with the Northern boundary line of Anderson county to the Trinity river; thence up the Trinity river to the place of beginning.

Sec. 2. Be it further enacted, That David Baugh, Dr. H. M. Allen, Elbridge Mallard, Dr. Berias Graham, and John Baker, be, and they are hereby appointed Commissioners for said. county, whose duty it shall be to ascertain the centre of said county, which they are hereby authorized to employ a competent surveyor to do, at the expense of the county, and nominate one place within five miles of the centre so ascertained, and the present county seat of said county, as places to be voted for as the permanent county seat of said county; and said Commissioners shall then order an election for said county seat, on the first day of April next, giving thirty days notice of said.

election, by posting up written notices at not less than five public places in said county, which election shall be governed by the laws regulating elections generally; except that every bona fide citizen who shall have resided in said county three months next preceeding said election shall be entitled to vote therein. The votes polled in said election shall be returned to the Chief Justice of said county within ten days inclusive after the day of election, and said votes shall be opened and counted by said Chief Justice on said tenth, or return day, when the place receiving the highest number of votes shall be duly declared by said Chief Justice the county seat of Henderson County.

Sec. 3. Be it further enacted, That as soon as the county officers for said county shall be elected, at the regular election, in July next, and qualified, the archives of said county shall, if the county seat be removed from its present location to the new county site, and such county officers as are required to reside at the county seat, shall thereafter keep their offices at the new county seat.

Sec. 4. Be it further enacted, That said Commissioners shall have regard, in the selection of the place at the centre of the county, to eligibility of site, timber, and water; and said Commissioners are hereby authorized to receive donations for the different places put in nomination, either in land or money; which donation shall be secured by bond from the donor or donors, conditioned that the county seat be located at the place for which the donations are made.

Sec. 5. Be it further enacted, That said Commissioners are hereby authorized to apply any donations made under this act, to the erection of suitable county buildings.

Sec. 6. Be it further enacted, That after the organization of the County in July next, the Commissioners herein appointed shall surrender to the County Court of said county, all their books and papers, as Commissioners for said county, together with all the monies and liabilities in their possession; and thereafter the County Court of said county shall do and perform all the duties imposed by this act on said Commissioners.

Sec. 7. Be it further enacted, That on the first meeting of said Commissioners, they shall select from their number a presiding Commissioner, who shall have power to convene said Commissioners whenever it may be necessary; and said Commissioners shall, at their first meeting, take an oath before

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some competent authority, faithfully to discharge their duties as Commissioners for Henderson county; and said Commissioners shall be entitled to and receive one dollar per day for each day they may be employed in the discharge of their duties as such.

Sec. 8. Be it further enacted, That this act take effect and be in force from and after its passage.

Approved, March 14, 1848.

CHAPTER 84.

An Act regulating Sequestrations.

Section 1. Be it enacted by the Legislature of the State of Texas, That Judges and Clerks of the District Court, and Justices of the Peace, shall at the commencement, or during the progress of any civil suit before final judgment, have power to issue writs of sequestration, returnable to their respective courts, in the following cases, verified by the affidavit of the party applying for the writ: First, when a married woman sues for a divorce, and makes oath that she fears her husband will waste her separate property, or their common property, or the fruits or revenue produced by either, or remove the same out of the limits of this State, during the pendency of the suit: Second, when a person sues for the title or possession of a slave, or other moveable property, or chattels of any description, and makes oath that he fears the defendant or person in possession thereof will injure or ill-treat such slave, or waste such moveable property or chattles, or remove the same out of the limits of this State, during the pendency of the suit: Third, when a person sues for the foreclosure of a mortgage, or the enforcement of a lien upon a slave or moveable property of any description, and makes oath that he fears that the defendant, or person in possession thereof, will injure or illtreat such slave, or waste such moveable property, or such slave or moveable property out of the limits of the county: Fourth, when any person sues for the title or possession of real property, and makes oath that he fears the defendant or

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person in possession thereof, may make use of his possession to injure such property, or waste the fruits and revenue produced by the same, or convert them to his own use: Fifth, when any person sues for the title or possession of any property from which he has been ejected by force or violence, and shall make oath to such facts.

Sec. 2. Be it further enacted, That no writ of sequestration shall issue unless the party applying for the same shall make such affidavit of facts, and shall also file with the Clerk of the Court, or Justice of the Peace, a bond payable to the defendant for a sum of money equal to double the value of the property to be sequestered, with good and sufficient sureties, to be approved by such Clerk or Justice of the Peace, conditioned that the plaintiff or person suing out such writ, will pay to the defendant all such damages as may be awarded against him, in case it shall be decided that such sequestration was wrongfully issued.

Sec. 3. Be it further enacted, That such bond shall not be construed as security for costs: That the writ of sequestration shall command the Sheriff or other officer to take into his possession the property described by the affidavit if to be found in the county, and keep the same subject to the future order of the Court or Justice of the Peace, unless the defendant or person from whose possession such property is taken shall replevy the same according to law.

Sec. 4. Be it further enacted, That when any person has a mortgage or lien upon a slave or moveable property, of any description, and makes affidavit, that he fears the defendant or person in possession thereof will injure or ill-treat such slave, or waste such moveable property, or remove such slave or moveable property out of the limits of the county, a writ of sequestration may issue, although the right of action on such mortgage or lien has not accrued. and the same proceedings shall be had thereon as in other cases of sequestration, except that no final judgment shall be rendered against the defendant, until the right of action on such mortgage or lien shall have accrued; but if the property so sequestered be of a wasting or perishable nature, the same shall, by order of the Judge or Justice of the Peace to whose court the sequestration is returnable, be sold, giving a credit on the sale until such right of action shall accrue, on the purchaser's giving bond, with two or more sufficient sureties, payable to the plaintiff for the pay

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