The Laws of Texas, 1822-1897 Volume 1 Page: 790
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242
Proceedings of the General Council.
SEVEN O’CLOCK, P. M.
The Council met pursuant to adjournment.
On motion of Mr. Royall, the House adjourned till nine o’clock to-
morrow morning.
Council Hall, San Felipe de Austin, )
January 16th, 1836. j
NINE O’CLOCK, A. M.
The Council met pursuant to adjournment.
The journal of yesterday’s proceedings being read,
Mr. Barrett, chairman of the committee on state and judiciary, to
whom was referred the report of the auditor, made the following report;
which was read and adopted:
To the Honorable the General Council of the Provisional Govern-
ment of Texas:
Your committee on state and judiciary, to whom was referred the re-
port of the auditor, with certain accounts, report,
That the course adopted by the auditor, for drawing upon the Treas-
urer in favor of assignees, or those having the equitable interest in claims
upon the Government, by legal transfer of the original owner, made in
writing is correct, provided, his entry on the book of records be so kept
as to show the name of the original claimant, and the use expressed, to-
gether with the name of the assignee or person to whom claims are so
transferred, in such manner as to guard against frauds.—The evidence
required by law for proving such claims, should be as in other cases.
The account of H. H. Cone and L. H. Mabbitt appear upon the face to
be correct, but your committee are not in possession of any facts which
otherwise call for the equitable interposition of the powers of this House;
which your committee advise should never be extended, except in cases
when manifest injury will arise to persons having strong equitable cir-
cumstances in their favor, and can clearly show, that the legal proof for
establishing their rights, is not within their control.
Your committee therefore return the two accounts to this Council, and
ask to be discharged from the further consideration thereof.
D. C. BARRETT, Chairman.
Council Hall, January 15th, 1836.
Mr. Barrett, from the same committee, to whom was referred the peti-
tion of John J. Linn, made the following report; which was read and
adopted:
To the Honorable the General Council of the Provisional Govern-
ment:
Your committee on state and judiciary, to whom was referred the peti-
tion of John J. Linn, report,
That upon considering the request of the petitioner, they are of opinion
that the practice of granting the right of reprisals upon land, in favor of
citizens against the enemy, is dangerous, and might lead to acts of great
injustice and oppression, especially in case of civil war; and however in-
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 1, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth5872/m1/798/: accessed March 29, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .