The Texas Almanac for 1865 Page: 13
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LAWS OF THE TENTH LEGISLATURE,. 1
mnay be two or more defendants residing in different counties, in which cases the
plaintiff may institute suit in any county where any of such defendants may re-
side; Fourth, in cases where a person has contracted to perform an obligation
in any particular county, in which case suit may be instituted in that county, or
where tho defendant has his domicil; Fifth, in cases of executors, administra-
tors or guardians of an estate, or trustees, who must be sued in the county in
which the estate is administered; Sixth, in cases of fraud and also in cases of
defalcation of public officers, in which cases suit may be instituted in the county
where the fraud was committed, or where the defalcation occurred, or where the
defendant has his domicil; Seventh, where the defendant has committed some
crime, or offence, or trespass, for which a civil action in damages may be com-
menced' in which cases, suit may be instituted in the county where the crime or
offence or trespass was committed, or in the county where the defendant has his
domicil; Eighth, in cases where the suit is for a slave, animal, or other movable
property, in which cases suit may be instituted in whatever county such property
may be found, or where the defendant resides; Ninth, in cases where, the de-
fendant has inherited an estate, concerning which suit is commenced, in which
case suit may be instituted in the county where the estate principally lies; Tenth,
in cases for the foreclosure of mortgages orliens, in which cases suit may be in-
stituted in the county where the mortgaged property or property subject to lien,
or any part thereof may be; Eleventh, in cases where the recovery of land or
damages thereto, is the object of a suit, in which cases suit must be instituted
where the land or part thereof is situated.
CiI.rP. 18. Authorising the County Courts to allow Sheriffs not exceeding
$200 per annum for certain services not provided for, to be paid out of the Coun-
ty Treasury.
C rAP. 19. Authorising Enrolling officers, in making arrests, when necessary,
to call upon the Sheriff of the county, or on any number of persons they may
deem necessary; and making it the duty of said Sheriff, as well as every person
called upon, to render assistance, under certain penalties for failing or refusing
to do so.
CHAP. 20. Amending the 71st section of an Act to regulate proceedings in
the County Courts, approved March 20, 1848, so as to read as follows:
That whenever any property is rented or hired by an executor or administra-
tor, under the provisions of this act, such renting or hiring shall be made at
public auction to the highest bidder, after having given at least ten days notice
thereof, by posting a copy of such notice at the Court-house and at two other
public places in the county where the same is to take place, or by private agree-
ment, as the Chief Justice, either in vacation or term time, by order shall. direct,
which order shall be entered on the minutes of the Court.
That the provisions of the above section of this act shall apply as well to the
renting or hiring of property by a guardian as by an executor or administrator:
Provided, That an account in writing and under oath, of such renting or hiring,
shall, in all cases, be returned to the Court and subject to the approval of the
Chief Justice.
CHAP. 21. To punish persons who may remove or destroy any timber, rails,
or lumber, belonging to the several asylums.
CHAP. 22. Supplementary to and amendatory of "An Act to adopt and estab-
lish a penal code," whereby treason an-l misprision of treason is more plainly de-
fined; making any act, the tendency of which is to give aid and comfort to the
public enemy, an overt act of treason within the meaning of the Constitution;
and the knowledge of such act, or intention to commit such act, by another,
misprision of treason, to be punished by confinement in the penitentiary not less
than two years. Article 784, Chapter 2, shall read as follows: If any person
shall threaten to commit treason, or to take the life of a human being, or to in-
flict upon anyuhnman being any serious bodily injury, he shall be punished by im-
prisonment in the Penitentiary, not le's than two nor more than five years, or by
fine not exceeding two thousand dollars.
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The Texas Almanac for 1865, book, 1864; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth123771/m1/15/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.