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cincts of the county, at such times as may be designated by the Governor, not to exceed four days in any one year; provided, that this section shall not be considered as applicable to the State Guard, but the drill and muster of those troops shall remain as provided for under the law to which this is an amendment.

SEC. 5. That this act take effect and be in force from and after

its passage.

Approved April 12, 1871.

CHAPTER XXXIII.

AN ACT MAKING AN APPROPRIATION FOR THE PAYMENT OF THE

SALARIES OF THE CFFICERS OF THE STATE PENITENTIARY NOW UNPAID, AND OTHER PURPOSES.

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 morey in the Treasury not otherwise appropriated, for the payment of the salaries of the officers of the State penitentiary, now unpaid, and for the payment of cotton, wocl and material purchased by the financial agent of said penitentiary. And be it further enacted, That said financial agent is hereby authorized to make bis requisition upon the Comptroller, for such amounts as may be necessary, not exceeding the sum of fifteen thousand dollars, and the Comptroller is bereby authorized to draw bis warrant upon the Treasurer, for the amounts required, who is hereby required to pay the same.

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

Approved April 12, 1871.

CHAPTER XXXIV.

AN ACT TO REGULATE THE KEEPING AND BEARIING OF DEADLY

WEAPONS.

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SECTION 1. Be it enacted by the Legislature of the State of Texas, That any person carrying on or atout his person, saddle, or in bis saddle bags, any pistol, dirk, dagger, slung-shot, sword-cane, spear, brass-knuckles, boie-knife, or any other kind of knife manufactured or sold for the purposes of ofense or defense, unless he has reasonable grounds for fearing an unlawful attack on his person, and that such ground of attack shall be immediate and pressing; or unless having or carrying the same on or about his person for the lawful defense of the State, as a militiaman in actual service, or as a peace officer or policeman, shall be guilty of a misdemeanor, and, on conviction thereof shall, for the first offense, be punished by fine of not less than twenty-five nor more than one hundred dollars, and sh»ll forfeit to the county the weapon or weapons so found on or about his person ; and for every subsequent offense may, in addition to such fine and forfeiture, be ic. prisoned in the county jail for a term not exceeding sixty days; and in every case of fine under this section the fines imposed and collected shall go into the treasury of the county in which they may have been imposed; provided, that this section shall not be so construcd as to prohibit any person from keeping or bearing arms on his or her own premises, or at his or her own place of business, nor to prohibit sheriffs or other revenue officers, and other civil officers, from keeping or bear ng arms while engaged in the discharge of their official duties, nor tu probibit persous traveling in the State from keeping or carrying arms with their baggage; provided further, that members of the Legislature sball not be included under the term “civil officers” as used in this act.

Sec. 2. Any person charged under the first section of this act, who may offer to prove, by way of defense, that he was in danger of an attack on his person, or unlawful interference with bis property, shall be required to show that such danger was immediate and

pressing, and was of such a nature as to alarm a person of ordinary courage; and that the weapon so carried was borne openly and not concealed beneath the clothing; and if it shall appear that this danger had its origin in a difficulty first commenced by the accused, it shall not be considered as a legal defense.

Sec. 3. If any person shall go into any church or religious assembly, any school room, or other place where persons are assum

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bled for amusement or for educational or scientific purposes, or into any circus, show, or public exhibition of any kind, or into a ball room, social party, or social gathering, or to any elec.ion precinct on the day or days of any election, where any portion of the people of this State are collected to vote at any election, or to any other place where people may be assembled to muster, or to perform any other public duty, (except as may be required or permitied by law,) or to any other public assembly, and shall have or carry about bis person à pistol or other firearm, dirk, dagger, slung sbot, sword cane, spear, brass-knuckles, bowie-knife, or any other kind of knife manufactured and sold for the purposes of offense and defense, unless an officer of the peace, be shall be guilty of a misdemeanor, and, on conviction thereof, shall, for the first offense, be punished by fine of not less than fifty, nor more than five hundred dollars, and shall forfeit to the county the weapon or weapons so found on his person; and for every subsequent offense may, in addition to such fine and forfeiture, be imprisoned in the county jail for a term nct more than ninety days.

SEC. 4. This act shall not apply to, nor be enforced in any county of the State, which may be designated, in a proclamation of the Governor, as a frontier county, and liable to incursions of hostile Indians.

SEC. 5. All fines collect:d under the provisions of this act shall be paid into the treasury of tie county, and appropriated exclusively to the keeping in repair and maintenance of public roads, and all weapons forfeited to the county under the provisions of this act shall be sold as may be prescribed by the county court, and the proceeds appropriated to the same purpose.

Sec. 6. It sball be the duty of all sheriffs, constables. marshals, and their deputies, and all policemen, and other peace officers, to arrest any person violating the first or third sections of this act, and to take such person immediately before a justice of the peace of the county where the offense is committed, or before a mayor or recorder of the town or city in which the offense is committed, who shall investigate and try the case without delay. On all such trials the accused shall have the rigiit of a trial by jury, and of appeal to the district court; but, in case of appeal, the accused shall be required to give bond with two or more good and sufficient sureties in a sum of not less than one hundred nor more than two huudred dollars, if convicted under the first section and in a sum of not less than two hundred nor more than one thousand dollars, if convicted under the third section of this act; said bond to be payable to the State of Texas, and approved by the magistrate, and conditioned that the defendant will abide the judgment of the district court that may be rendered in the case; and in case of forfeiture the proceedings thereon shall be as is or may be prescribed by law in similar cases; and all moneys collected on any bund or judgment upon the same, sball be paid over and appropriated as provided in the fifth section of this act.

SEC. 7. Any officer named in the sixth section of this act who shall refuse or fail to arrest any person whom he is required to arrest by said section on his own information, or where kuowledge is conveyed to him of any violation of the first or third sections of tbis act, shall be dismissed from his office on conviction in the district court, on indictment or information, or by such other proceedings or tribunal as may be provided by law, and in addition, shall be fined in any sum not exceeding five hundred dollars, at the discretion of the court or jury.

Sec. 8. That the district courts shall have concurrent jurisdiction under this act, and it is hereby made the duty of the several judges of the district courts of this State to give this act especially in charge to the grand juries of their respective counties.

Sec. 9. It is hereby made the duty of the Governor to publish this act throughout the State ; and this act shall take effect and be in force from and after the expiration of sixty days after its passage.

Approved April 12, 1871.

CHAPTER XXXV.

AN ACT TO AUTHORIZE THE COUNTY COURT OF ROBERTSON COUNTY

TO LEVY AND COLLECT A SPECIAL TAX FOR THE TERM OF TWO YEARS TO BUILD A COURT HOUSE AND JAIL IN THE CITY OF CALVERT, THE COUNTY SEAT OF SAID COUNTY.

SECTION 1. Be it enacled by the Legislature of the State of Teras, That the County Court of Robertson county be and the same is bereby authorized to levy and collect, annually, for the term of two years, a special ad valorem tax upon all property, real, personal and mixed, in said county, not to exceed ove half of one per certum in addition to all general and special taxes now authorized to be levied and collected by law, wbich tax shali be levied and collected the same as other taxes, and shall be appropriated and paid out solely for the purpose of building a substantial court house and jail at Calvert, the county seat of Robertson county, Texas.

Sec. 2. That this act shall take effect and be in force from and

after its passage.

Approved April 12, 1871.

CHAPTER XXXVI.

IN ACT TO AUTHORIZE THE CLERKS OF THIE DISTRICT COURTS, AND

THE JUSTICES OF TRE TEACE OF THE SEVERAL COUNTIES, TO ISSUE EXECUTIONS AFTER THE ADJOURNMENT OF EACH TERM OF THEIR RESPECTIVE COURTS, AGAINST THE PLAINTIFF OR DE ENDANT FOR COSTS CREATED BY THEM IN ANY SUIT THEREIN.

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SECTION 1. Be it enacted by the Legislature of the State of Texas, as follows: It shall be lawful for clerks of the district courts, and justices of the peace of the several counties in this Sate, to demand and receive from the plaintiff and the defendant, in each and every case pending in their respective courts, payment for all costs hereafter created by such party up to the adjournment of each term of said courts.

SEC. 2. Should any party, against whom costs have been taxed under the provisions of this act, fail or refuse to pay the same within ten days from the adjournment of the court, it shall be lawful for the clerk, or the justices of the peace, to make out a certified copy of the bill of costs then due, as herein provided for, and place the same in the hands of the sheriff or constable for collection, and such certified bill of costs shall have the force and effect of an execution.

SEC. 3. It shall be lawful for the sheriff or constable, upon demand and failure to pay such bill of costs to levy the same upon a sufficient amount of the property of the person from whom the said costs may be due, to satisfy the same, and sell such property according to the laws governing sales under execution; provided, where such party is not a resident of the county where such suit is pe":ding, then payment of such costs may be demanded of his attorney of record.

SEC. 4. Neither the clerk nor the justice of the peace shall be allowed to charge any fee for making out such certified bill of costs, nor sball the sheriff or constable be allowed to charge any fee for collecting the same, unless he is compelled to make a levy, in which case lie shall be allowed to charge and collect the same fees as are by law allowed for collecting money under other executions.

SEC. 5. All laws now ju force applicable to executions shall apply to and control the certified bills of costs as herein provided for.

SEC. 6. This act shall take effect and be in force from and after

its passage.

Approved April 12, 1871.

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