shall be the duty of the Commissioner to cause an examination of the same without unnecessary delay. If upon examination the field notes are found to be incorrect, it shall be the duty of the Commissioner of the General Land Office to cause a plain statement of the errors, with a sketch of the map, to be forwarded by mail, or by the party interested, to the surveyor who made the survey, with a requisition to correct the same, and return corrected field notes to the General Land Office.

SEC. 2. It is hereby made the duty of surveyors, who shall make and deliver incorrect field notes, upon the requisition of the Commissioner of the General Land Office, provided for in section one, or of the party interested, to make corrected field notes and return the same to the General Land Office without delay, without any additional compensation; provided, nevertheless, when there is only an apparent conflict shown by the maps, which does not exist upon the ground, it shall only be required of the surveyor to make an official certificate of the fact and furnish a true sketch of the survey with its connections.

SEC. 3. Any surveyor who shall refuse, having once been paid his fees for making and recording a survey, or shall unnecessarily delay to make the correction provided for in this act, shall upon motion before the district court of his county, by any party interested, be fined in a sum not less than double the amount of fees paid him for making the survey, and not more than four times the amount.

SEC. 4. This act shall be in force from and after its passage, and shall be construed to apply to all cases of incorrect field notes now on file in the General Land Office made by surveyors who still hold the office.

Approved October 24, 1871.

CHAPTER XVI.

AN ACT TO AFFIRM THE TITLES TO CERTAIN LANDS IN PETERS COLONY.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the titles to all lands patented in the colony of W. S. Peters and his associates prior to February 4, A. D. 1858, by virtue of certificates issued to colonists by the county courts of counties in said colony, be and the same are hereby affirmed in the patentees and their assigns; and that this act take effect and be in force from and after its passage,

Approved October 24, 1871.

CHAPTER XVII.

AN ACT AUTHORIZING THE COUNTY COURT OF MARION COUNTY TO HAVE CERTAIN RECORDS FROM OTHER COUNTIES TRANSCRIBED AND RECORDED IN SAID COUNTY.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the County Court of Marion County be authorized to employ the services of a competent person to take copies from the records of the counties of Red River, Bowie, Cass, Titus and Harrison of all deeds of conveyances, mortgages, judgments, deeds of trust, and other contracts in writing, of and concerning all lands now lying in said county of Marion formerly belonging to, and now of record in said counties of Red River, Bowie, Cass, Titus and Harrison, and to transcribe the same on the record books of said county of Marion; and said person shall be sworn faithfully to discharge said duties as agent of said county.

SEC. 2. That it shall be the duty of the agent so employed by said county faithfully to compare the copies to be taken by him with the original records, and to certify to the correctness of the same in his own handwriting on the books of the said Marion county, on which he shall transcribe the same; thereupon the same shall be received as evidence in all courts in this State, as though the same had been originally recorded in said county of Marion.

SEC. 3. It shall be the duty of the county of Marion to furnish all books, papers and stationery necessary to accomplish the provisions of this act; and the clerks of said counties of Red River, Cass, Bowie, Titus and Harrison shall afford to the said agent of Marion county free inspection of the books of their offices, and the use of the same for the purpose of making the transcripts and copies provided for in this act.

SEC. 4. The County Court of Marion county is hereby authorized to make a reasonable appropriation to pay the expenses of transcribing the records under this act; and this act shall take effect from and after its passage.

Approved October 24, 1871.

CHAPTER XVIII.

AN ACT AMENDING AN ACT PRESCRIBING THE TIMES OF HOLDING THE DISTRICT COURTS IN THE SEVERAL JUDICIAL DISTRICTS

IN THE STATE, APPROVED AUGust 10, 1870.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That section nineteen of "An act prescribing the times of holding the district courts in the several judicial districts in the State," approved August 10, 1870, be and is hereby amended so as to read as follows: Section 19. That the district courts of the Eighteenth Judicial District shall be holden at the times hereinafter specified, to-wit: in the county of Brazoria on the first Mondays in October, the third Mondays in January and the first Mondays in May, and may continue in session four weeks; in the county of Galveston on the last Mondays in November, the third Mondays in February and the first Mondays in June, and may contiue in session until the business is disposed of.

SEC. 2.

This act to take effect and be in force from and after

its passage.
Approved October 24, 1871.

AN ACT TO REGULATE THE TIME OF HOLDING COURTS IN THE ELEVENTH JUDICIAL DISTRICT.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the district courts of the Eleventh Judicial District shall be begun and holden as follows, viz: In the county of Fannin on the first Mondays in January, May and September, and may continue in session four weeks; in the county of Hopkins on the first Mondays in February, June and October, and may continue in session three weeks; in the county of Hunt on the fourth Mondays in February, June and October, and may continue in session two weeks; in Collin county on the second Mondays in March, July and November, and may continue in session four weeks.

SEC. 2. That an act entitled "An act to amend section twelve

of an act prescribing the times of holding the district courts in the several judicial districts of the State of Texas," approved April 12, 1871, and so much of the same above recited act, approved August 10, 1870, as conflicts with this act, be and the same are hereby repealed.

SEC. 3. That this act take effect and be in force from its passage. Approved October 24, 1871.

CHAPTER XX.

AN ACT TO AMEND AN ACT ENTITLED AN ACT TO ADOPT AND ESTABLISH A PENAL CODE FOR THE STATE OF TEXAS, APPROVED AUGUST 26, a. d. 1856.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That Title XXI., Chapter I., of the Penal Code be so amended as to read as follows:

Article 776. A conspiracy is an agreement entered into between two or more persons to commit any one of the offenses hereafter named in this chapter.

Article 777. The offense of conspiracy is complete, although the parties conspiring do not proceed to effect the object for which they have so unlawfully combined.

Article 778. Before any conviction can be had for the offense of conspiracy, it must appear that there was a positive agreement to commit one of the offenses hereafter named in this chapter. It will not be sufficient that such agreement was contemplated by the parties charged.

Article 779. A threat made by two or more persons, acting in concert, will not be sufficient to constitute conspiracy.

Article 780. The agreement, to come within the definition of conspiracy, must be to commit one or more of the following offenses, to-wit: murder, robbery, arson, burglary, rape or theft.

Article 781. Conspiracy to commit murder shall be punished by confinement in the penitentiary for a period of not less than two, nor more than ten years. Conspiracy to commit any one of the other offenses named in the preceding article shall be punished by one-half the punishment affixed by law to the commission of the offense so intended to be committed by the parties charged; provided,

that in no case the punishment by confinement in the penitentiary be less than two years.

Article 782. A conspiracy to kill a human being shall be deemed a conspiracy to commit murder.

Article 783. A conspiracy entered into in this State for the purpose of committing any one of the offenses named in article 780, in any other of the States or Territories of the United States, or in any foreign territory, shall be punished in the same manner as if the conspiracy so entered into was to commit the offense in this State.

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

Approved October 26, 1871.

CHAPTER XXI.

AN ACT TO ENFORCE SECTION XXI., ARTICLE I., OF THE CONSTITU

TION.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the equality of all persons before the law is herein recognized, and shall ever remain inviolate, nor shall any citizen ever be deprived of any right, privilege or immunity, nor be exempted from any burdens or duty on account of race, color or previous condition.

SEC. 2. That all public carriers in this State are hereby prohibited, in accordance with the above and foregoing section, from making any. distinctions in the carrying of passengers, and all violations of the law as herein enacted shall be deemed misdemeanors, and punished on conviction by a fine of not less than one hundred dollars or more than five hundred dollars, or imprisonment for not less than thirty or more than ninety days, or both, within the discretion of a court of competent jurisdiction.

SEC. 3. That all laws and parts of laws in conflict with this act are hereby repealed.

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

Approved October 28, 1871.