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CHAPTER IX.

AN ACT PRESCRIBING THE TIMES OF HOLDING THE DISTRICT
COURTS IN THE TWENTY-SIXTH JUDICIAL DISTRICT.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the district courts of the Twenty-sixth Judicial District of this State shall be holden at the times herein specified, towit: In the county of Comal on the first Mondays in October, February and June, and may continue in session two weeks; in the county of Blanco on the third Mondays in October, February and June, and may continue in session two weeks; in the county of Menard on the fourth Mondays after the first Mondays in October, February and June, and may continue in session one week; in the county of Mason on the fifth Mondays after the first Mondays in October, February and June, and may continue in session one week; in the county of Gillespie on the sixth Mondays after the first Mondays in October, February and June, and may continue in session two weeks; in the county of Kerr on the eighth Mondays after the first Mondays in October, February and June, and may continue in session one week; in the county of Kendall on the ninth Mondays after the first Mondays in October, February and June, and may continue in session until the business is disposed of. That for judicial purposes the county of Edwards shall be attached to the county of Kerr, and the county of Kimball to the county of Gillespie.

SEC. 2. That all laws and parts of laws, so far as they conflict with the provisions of this act, are hereby repealed; and this act shall take effect from and after its passage.

Approved October 13, 1871.

CHAPTER X.

AN ACT TO AMEND SECTION ONE OF AN ACT ENTITLED AN ACT
TO ENCOURAGE STOCKRAISING, AND FOR THE PROTECTION OF
STOCKRAISERS, APPROVED MAY 22, 1871.

SECTION 1. Be it enacted by the Legislalure of the State of Texas, That each organized county of this State, not hereinafter excepted from the operation of this act, shall be created an inspec

tion district, for the inspection of hides and animals, and an inspector of hides and animals shall be elected in each inspection district, at each general election for members of the Legislature, who shall hold his office for the term of two years and until his successor shall have been elected and duly qualified. In case of a vacancy in the office of inspector of hides and animals in any district from any cause, the county court of the county constituting such inspection district shall appoint an inspector of hides and animals for said district, who shall hold his office until his successor shall have been elected and duly qualified; provided, that all inspectors of hides and animals, authorized by this act, shall be appointed by the Governor and hold their offices until the next general election for members of the Legislature.

SEC. 2. That this act take effect and be in force from and after its passage.

Passed October 14, 1871.

The foregoing act, received in the office of Secretary of State, October twenty-six, one thousand eight hundred and seventy-one, having been presented to the Governor of Texas for his approval, and not having been returned by him to the House in which it originated, within the time prescribed by the Constitution, has become a law without his approval.

J. E. OLDRIGHT, Acting Secretary of State.

CHAPTER XI.

AN ACT TO AMEND AN ACT ENTITLED AN ACT TO ADOPT AND ESTABLISH A PENAL CODE FOR THE STATE OF TEXAS, APPROVED AUGUST THE 26TH, A. D. 1871.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That Title XXI., Chapter II., of an act entitled "An act to adopt and establish a penal code for the State of Texas," approved August 26, A. D. 1856, be so amended as to read as follows:

Art. 784. If any person shall threaten to take the life of any human being, or to inflict upon any human being any serious bodily injury, he shall be punished by confinement in the penitentiary for a period of not less than one year nor more than five years, or by

fine of not less than five hundred dollars nor more than two thousand dollars.

Art. 785. In order to render a person guilty of the offense provided for in this chapter, it is necessary that the threat be seriously made.

Art. 786. It is for the jury to determine, in every case of prosecution under this chapter, whether the threat was seriously made, or was merely idle and with no intention of executing the same.

Art. 787. A threat that a person will do any act merely to protect himself, or to prevent the commission of some unlawful act by another, does not come within the meaning of this chapter.

SEC. 2. That this act take effect and be in force from and after its passage.

Approved October 18, 1871.

CHAPTER XII.

AN ACT TO AMEND SECTION TWO OF AN ACT ENTITLED AN ACT DEFINING LAWFUL ENCLOSURES, AND FOR OTHER PURPOSES, APPROVED MARCH 16, 1840.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the second section of "An act defining lawful enclosures, and for other purposes," approved March 16, 1840, be amended so as to read as follows: Section 2. When any trespass shali have been done by any cattle, horse or hogs, on the clear and cultivated ground of any person, it shall be lawful for such person to complain thereof to any justice of the peace for the county where such trespass shall have been done, and such justice is hereby authorized and required to cause two disinterested and impartial freeholders to be summoned, who with such justice shall view and examine on oath whether complainant's fence be sufficient or not, and what damages he hath sustained by such tresspass, and certify the same under their hands and seals; and if it shall so appear that the said fence be sufficient, then the owner of such cattle, horses or hogs, shall make full satisfaction for the trespass to the party injured, to be recovered before any tribunal having cognizance thereof; and for the second trespass by the same cattle, horses or hogs, the owner or proprietor of the premises, upon which the trespass is committed, may if he deem it necessary for the protection and preservation of his premises, or the crop growing thereon, cause said stock to be penned and turned over to the sheriff or constable, and held responsible to the

person damaged for all damages by said stock, heretofore accrued, together with all costs thereon; but if it shall appear that the said fence be deemed sufficient, then the owner of such cattle, horses or hogs, shall be liable to make satisfaction for such damages; and should the owner or proprietor of any clear and cultivated ground, where the fence is insufficient, with gun, dogs or otherwise, maim, wound or kill any cattle, horses or hogs, or cause or procure the same to be done, such person shall be punished as provided in section three of the act to which this is an amendment.

SEC. 2. That this act take effect and be in force from and after its passage.

Approved October 18, 1871.

CHAPTER XIII.

AN ACT MAKING AN APPROPRIATION TO DEFRAY THE CONTINGENT AND PRINTING EXPENSES OF THE TWELFTH LEGISLATURE.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the sum of fifteen thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated out of any unappropriated funds in the Treasury, to defray the contingent and printing expenses of the Twelfth Legislature; said appropriation to be in proportion of nine thousand dollars for the use of the House, and six thousand dollars for the use of the Senate; and that the certificates of the Chief Clerk of the House of Representatives, and Secretary of Senate to the correctness of, and the approval of the chairman of the Committees of Contingent and Printing Expenses of the House of Representatives and Senate to the accounts against the two Houses, shall be sufficient authority for the Comptroller to draw his warrants upon the Treasury for the several amounts charged against said fund.

SEC. 2. That this act be in force from and after its passage.
Approved October 18, 1871.

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AN ACT REGULATING THE REMOVAL OF THE DISABILITIES OF MINORS.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That any minor in this State over the age of seventeen years, who may desire to have his disabilities as a minor removed, he shall by a bill or petition present to the district court of the county where he may reside the cause or causes existing which make it advisable or advantageous to said minor to have his disabilities removed, which bill or petition shall be sworn to by some person cognizant of the facts set out in his said bill or petition.

SEC. 2. That said bill or petition shall be docketed on the trial docket of the court and may be heard by the court either in regular order, or at any time during term time; and if it shall appear to the court that the ground or causes set out are sufficient, and that it is advisable or will be advantageous to such minor, in person or property, to have his disabilities, as a minor, removed, the court shall enter up a decree removing the disabilities of said minor, and cause it to be entered of record among the decrees and judgments of

court.

SEC. 3: That after the removal of such disabilities of minorage, the said minor shall be deemed and held for all legal purposes of full age, and shall be held responsible and shall have all the privileges and advantages as if he were of full age, saving only that he shall not vote until he arrives at the age of twenty-one years.

SEC. 4. That this act shall take effect and be in force from and after its passage.

Approved October 24, 1871.

CHAPTER XV.

AN ACT TO FACILITATE THE CORRECTING OF

SURVEYS AND THE

ISSUANCE OF PATENTS TO LOCATIONS OF LAND.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That hereafter, when field notes of surveys of land are returned to the General Land Office with applications for patents, it

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