CHAPTER CXVII.

AN ACT REGULATING APPEALS IN CRIMINAL CASES.

SECTION 1. Be it enacted by the Legislature of the State of Teras, That whenever notice of an appeal is given in case of a criminal offense the district court shall stay sentence and execution until he shall receive notice from the clerk of the supreme court that the appeal is disallowed.

SEC. 2. It shall be the duty of the clerk of the district court, when a motion for an appeal has been duly entered as provided in the preceding section, immediately to make out a complete trahscript of the record and deliver the same upon demand to the convicted or his attorney of record; which transcript shall be presented to one of the judges of the Supreme Court for inspection; if the judge to whom the transcript is presented shall be of opinion that some error of law has been committed by the judge of the district court before whom the cause was tried, he shall allow said appeal and endorse upon the transcript his allowance thereof, it shall then be the duty of the clerk of the Supreme Court to file the transcript and docket the cause, and issue the superior order referred to in the preceding section. If the judge of the Supreme Court, shall be of opinion that the judge of the district court has committed no error of law in his rulings, he shall disallow the appeal and endorse his disallowance on the transcript whereupon it shall be the duty of the clerk of the Supreme Court to certify under the seal of the court such denial of the appeal to the district court from which the transcript Provided, That if the defendant request the transcript in order to present it to some other judge of the Supreme Court, the said judge shall return the transcript to the defendant or his counsel with his endorsement thereon, and the defendant may present the same transcript to some other judge who shall receive and take action thereon as provided in the first part of this section.

SEC. 3. It shall be the duty of the clerk of the district court whenever a notice of an appeal has been given in accordance with the provisions of this act to forward at once a certificate of the fact to the clerk of the Supreme Court, which certificate shall correctly name the party convicted, the offense of which he was convicted, and the date of the trial of said cause.

SEC. 4. In all criminal cases where an appeal has been taken in accordance with the provisions of this act, the receipt of the transcript of the records, by the clerk of the Supreme Court, by mail or

otherwise shall be deemed a presentation of the same to one of the judges of the Supreme Court, in so far as 1egards the computation of the time allowed by the Constitution for presenting transcripts in such

cases.

...SEC. 5. It shall be the duty of the clerk of the Supreme Court to keep a docket in which he shall enter all cases in which an appeal is prayed for, which shall contain the name of the parties, the offense charged, the time when the transcript was presented, the county in which the judgment was rendered, the action of the judge to whom the transcript was presented for inspection, and the date of the issuance of the proper order to the district court as provided in this act. SEC. 6. That this act take effect and be in force from and after its passage.

Approved May 24, 1871.

CHAPTER CXVIII.

AN ACT TO LEVY A SPECIAL TAX IN THE COUNTY OF VAN ZANDT.

SECTION 1. Be it enacted by the Legislature of the State of Teras, That the County Court of the county of Van Zandt be and the same is hereby authorized to levy a special tax, not to exceed ne per centum, upon the taxable property of said county, based upon the last assessment, and collect the same during the year 1871, in pursuance of law for the purpose of erecting a good and substanAjal court house in the town of Canton, the county seat of said County; provided, said county court may, at its discretion, defer the assessment and collection of a certain ratio of said one per centum until the year 1872.

SEC. 2. Be it further enacted, That this act take effect and be in force from and after its passage.

Approved May 24, 1871.

CHAPTER CXIX.

AN ACT TO AUTHORIZE THE COMMISSIONER OF THE GENERAL LAND OFFICE TO PURCHASE ONE HUNDRED AND THIRTY COPIES OF BURLAGE AND HOLLINGSWORTH'S BOOK OF VALID LAND TITLES TO PREVENT THE LOCATION OF FRAUDULENT LAND CERTIFICATES.

WHEREAS, Surveys of land have been and are continually being made under and by virtue of worthless and fraudulent land certificates, thereby creating annoyance and confusion, therefore, for the purpose of enabling surveyors to detect worthless and fraudulent land certificates,

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the Commissioner of the General Land Office is hereby authorized to purchase one hundred and thirty copies of Burlage & Hollingsworth's book of valid land titles for distribution among the county courts of this State, and the sum of five hundred and thirty dollars is hereby appropriated out of any money in the Treasury, not othorwise appropriated, for the purchase of the same. SEC. 2. That this act take effect and be in force from and after its passage.

Approved May 2', 1871.

CHAPTER CXX.

AN ACT TO LEGALIZE THE OFFICIAL ACTS OF I. H STEEN WHILE ACTING AS JUSTICE OF THE PEACE OF HAMILTON COUNTY.

SECTION 1. Be it enacted by the Legislature of the State of Teras, That the official acts of I. H. Steen, while acting as justice of the peace of Hamilton county, done in conformity with law, be and the same are hereby declared legal and valid.

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

Approved May 25, 1871.

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CHAPTER CXXI.

AN ACT TO MAKE THE COUNTY OF LA SALLE A PART OF THE SEVENTEENTH JUDICIAL DISTRICT OF THIS STATE, AND TO ATTACH IT TO THE COUNTY OF LIVE OAK FOR JUDICIAL AND OTHER PURPOSES.

SECTION 1. Be it enacted by the Legislature of the State of Teras, That hereafter the county of La Salle shall constitute a part of the Seventeenth Judicial District of this State, and it shall be attached to the county of Live Oak for judicial and all other necessary purposes.

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

Approved May 25, 1871.

CHAPTER CXXII.

AN ACT TO LEGALIZE THE OFFICIAL ACTS OF I. H. STEEN WHILE ACTING AS DISTRICT CLERK OF HAMILTON COUNTY.

SECTION 1. Be it enacted by the Legislature of the State of Teras, That the official acts of I. H Steen, while acting as district clerk of Hamilton county, done in conformity with law, be and the same are hereby declared legal and valid.

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

Approved May 25, 1871.

CHAPTER CXXIII.

AN ACT TO PROVIDE FOR THE APPOINTMENT OF ONE COUNTY SURVEYOR FOR TWO OR MORE COUNTIES.

SECTION 1. Be it enacted by the Legislature of the State of Teras, That in case it should be deemed necessary, and should so

appear to the Governor, the Governor is hereby authorized to appoint one county surveyor for two or more counties; provided, that such surveyor shall keep the records of counties separate and complete, and shall be allowed no additional fees therefor; and provided further, that no person shall be appointed a county surveyor, ex-, cept on the recommendation of two or more competent and reliable citizens, that the person applying for such office is fully competent and qualified to fill the position.

SEC. 2. That all laws and parts of laws in conflict with this act shall be and the same are hereby repealed.

SEC. 3. That this act take effect and be in force from and after

its passage.

Approved May 25, 1871.

CHAPTER CXXIV.

AN ACT AUTHORIZING THE COMPROMISE OF CERTAIN SUITS BROUGHT BY THE STATE IN DISTRICT COURT OF COLORADO COUNTY.

WHEREAS, The State of Texas on the 3d day of August, 1868, instituted two suits in the District Court of Colorado county, numbered on the docket of said court 2275 and 2276 against John S. Hancock and their sureties on his official bonds as Assessor and Collector of said county, and

Whereas, The State in said suits is claiming a statutory lien on certain lands sold by said Hancock, Samuel Henderson and some eight or ten others, all of whom are made defendants in said suits, and

whose

Whereas, It is made to appear that it will be to the interest of the State of Texas to compromise her suits with said parties on property she claims her lien;

SECTION 1. Therefore be it enacted by the Legislature of the State of Texas, That the Attorney General of the State, be, and he is hereby authorized and required in behalf of the State to compromise said suits with said parties on such terms as may appear right and proper to him, and the District Judge of Colorado county is ordered to dismiss said suits as to any of said defendants upon their production of the certificate of the Attorney General that said parties have compromised with the State.

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

Approved May 26, 1871.