appeals from judgment of said court, created by this act, shall be to the Supreme Court, in the same manner as provided by law for appeals in criminal cases from district courts.

SEC. 2. The judge of said court shall have power to grant, on application to him, writs of habeas corpus and mandamus.

SEC. 3. The said court, in each county, shall have a seal similar to those of the District Court, with the words, Criminal District Court of county, engraved thereon, an impression of which seal shall be attached to all writs and other process issuing from said court, and shall be used in the authentication of all official acts of the clerk of said court.

SEC. 4. That said judge shall hold a term of said court in the city of Houston on the first Monday in June, 1870, and in the city of Galveston on the first Monday in July, 1870, and on the first Monday of each succeeding month, alternately, in the cities of Houston and Galveston, and at such other times as said judge may order and appoint.

SEC. 5. The practice in the said court shall be conducted according to the laws in force, governing the practice of the district courts, and the rules of evidence and pleading in the district courts shall govern.

SEC. 6. There shall be appointed by the Governor, by and with the advice and consent of the Senate, a judge for said court, who shall hold his office for four years, and until his successor is duly qualified, and shall receive the same salary as judges of the district

courts.

SEC. 7. There shall be elected by the qualified voters of Galveston and Harris counties a district attorney for said court, who shall hold his office for four years, and until his successor is elected and qualified, and who, before entering on the duties of his office, shall enter into bond in the same amount as district attorneys of the District Court, with like conditions, to be approved by the judge of said court, and shall take and subscribe to the same oath prescribed by the constitution; which oath and bond shall be deposited with the Comptroller of Public Accounts, and shall not be void on the first recovery; and the duties of the said attorney shall be the same in said court as other district attorneys in the district courts, and he shall receive the same salary; provided, that the Governor shall appoint a district attorney for said court, who shall hold his office. until the next general election.

SEC. 8. The judge and attorney, aforesaid, shall only be removed from office, according to the mode prescribed by the constitution and laws, in cases of other judges and district attorneys.

SEC. 9. There shall be appointed by the Governor a clerk of

said court for each of said counties, who shall be removable by said judge, at any time, for misconduct, misfeasance or malfeasance in office; and in case of death, resignation or otherwise, by which said office shall become vacant, the Governor shall appoint a clerk to fill the vacancy, and the clerk so appointed shall, before entering upon the duties of his office, enter into bond in the sum of ten thousand dollars, conditioned as the bonds of the clerks of the District Court, to be approved by the judge of said court, and take and subscribe the oath prescribed by the constitution and laws; which oath and bond shall be deposited and recorded in the county clerk's office. The duties of said clerks shall be the same, in all matters appertaining to said court, as duties of clerks of the District Court; and he shall have like power, and shall receive as salary, in addition to other fees to which he may be entitled under this act, one thousand dollars a year, to be paid by the County Court of the county.

SEC. 10. The fees of the attorney and clerk of said court shall be the same as allowed by law to clerks and attorneys of the district courts, and shall be collected in like manner.

SEC. 11. All laws and regulations of the Code of Criminal Procedure and Penal Code, governing grand jurors in general, shall be applicable in said courts.

SEC. 12. The sheriffs of said counties of Galveston and Harris shall attend upon said courts and receive the same fees to which they are entitled by law, and shall be punishable for misfeasance and malfeasance in office by the laws in force, and subject to removal from office by the judge of said court for good and sufficient cause, in the manner prescribed by the Constitution and laws of the State of Texas.

SEC. 13. After indictment is found, the district attorney of said court shall not enter in any case a "nolle prosequi" dismissing said case from the docket, until he has made out a written statement setting forth the causes therefor, which shall be submitted to the court for his approval. If the court approves of the same in writing, then the district attorney may dismiss the said cause, and the said statement and approval shall be filed with the papers in said

cause.

SEC. 14. That this act take effect and be in force from and after its passage.

Approved July 23, 1870.

CHAPTER XXVII.

AN ACT TO DEFINE, ESTABLISH AND MARK THE BOUNDARIES OF THE COUNTIES OF CAMERON, HIDALGO, STARR, ZAPATA, WEBB, ENCINAL, DUVAL AND NUECES.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the line dividing the counties of Webb, Encinal, Duval and Nueces, from Zapata, Starr, Hidalgo and Cameron, shall begin on the left margin of the Rio Grande, at the Cañada de San Andres, dividing the former jurisdictions of Guerrero and Laredo, and shall run due east to the mouth of the Olmos creek, and thence on the same course across the Laguna Madre, and across Padre Island to the Gulf of Mexico.

That the north and south lines dividing the counties of Webb, Encinal, Duval, and Nueces, shall be prolonged south, so as to intersect the east and west lines above described. That the boundary line between the counties of Cameron and Hidalgo, shall begin on the left margin of the Rio Grande, at the southeast corner of a tract of land known as "Llano Grande," thence to run due north so as to intersect the south line of Nueces county above defined. That the line dividing the counties of Hidalgo and Starr, shall begin on the margin of the Rio Grande, at the rancho "Las Cuevas," at the point formerly dividing the jurisdiction of the towns of Reynoso and Camargo; thence to run north twenty-five degrees east, so as to intersect the south line of Nueces county aforesaid. That the line dividing the counties of Starr and Zapata, shall begin on the margin of the Rio Grande at a point known as "Noche Buena," formerly dividing the jurisdictions of Mier and Guerrero; thence to run north fifty-five degrees east, five leagues to the back line of the Porciones of Guerrero, and thence north twenty-five degrees east to intersect the south line of Duval county.

SEC. 2: Be it further enacted, That the lines as described and called for in the preceding section, shall be surveyed and distinctly marked at the end of every league in distance, and wherever said lines cross the public highways, by the erection of a substantial and

durable stone mound.

SEC. 3. Be it further enacted, That it shall be the duty of the Governor to appoint a suitable person as surveyor, who shall, in cooperation with the Police Courts of the several counties hereinbefore mentioned, superintend the running and marking of the lines of the

said counties, and shall employ such assistants as may be necessary to carry out the provisions of this act.

SEC. 4. Be it further enacted, That the lines established in the first section of this act, shall be surveyed and marked within the term of six months from and after the passage of this act, and when properly completed, shall remain the permanent lines and

boundaries of said counties.

SEC. 5. Be it further enacted, That the expenses of running and marking the lines of said counties, as herein provided for, shall be paid by the several counties, in equal proportion, according to the extent of the lines of each, and that the surveyor shall be allowed to charge three dollars per mile.

SEC. 6. Be it further enacted, That this act shall take effect from and after its passage.

Passed July 26, 1870.

AN

CHAPTER XXVIII.

ACT PROVIDING FOR THE PAYMENT OF DISTRICT ATTORNEYS
PRO TEM.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the Comptroller is hereby authorized and required to audit the accounts of all district attorneys appointed by district judges or the commanding general Fifth Military District, for the time being, and the certificate of the district judge of appointment, and service of such district attorney shall be sufficient authority to authorize the Comptroller to draw his warrant for such salary as would have been due to the district attorney for such term of service; and the State Treasurer is hereby required to pay the same; provided that no pro tem. district attorney shall be entitled to any pay under this act where there was at the time a district attorney, who drew, or is entitled to draw his salary for the time specified. SEC. 2. This act shall take effect from and after its passage. Approved July 28, 1870.

CHAPTER XXIX.

AN ACT TO RELINQUISH THE TITLE AND TO CONFIRM THE PATENTS TO CERTAIN LANDS THEREIN NAMED.

SECTION 1. Be it enacted by the Legislature of the State of Texas,. That the patents numbered three hundred and eighty-eight, five hundred and eighty-three and five hundred and eighty-four (volume four), and issued to Thomas M. Joseph and Henry M. Trueheart, on the twentieth day of December, A. D. 1859, and the twentieth day of August, A. D. 1860, and the twenty-third day of August, A. D. 1860, be, and the same are hereby confirmed; and that all right and title of the State to the land therein named be, and the same are hereby relinquished to the parties to whom said patents were issued, and sale made in accordance with an act approved on the eleventh day of February, A. D. 1858, and an act amendatory of the same, approved on the first day of February, A. D. 1860.

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

Approved July 29, 1870.

CHAPTER XXX.

AN ACT TO CREATE THE COUNTY OF DELTA.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That all the territory comprised in the following limits, towit: beginning in the county of Hopkins at a point at the centre of the confluence of the north and south prongs of Sulphur Creek ; thence with the meanderings of said south prong of said Sulphur Creek to a point where the centre of the stream of said south prong of said Sulphur Creek intersects the east boundary line of Hunt county; thence north, and with the east boundary lines of Hunt and Fannin counties to a point where the said east boundary line of Fannin county crosses the centre of the stream of the north prong of Sulphur Creek, and from said point down and with the meanderii.gs of said north prong of said Sulphur Creek, to the place of beginning, be and the same is hereby created a new county, to be called the county of Delta.