The Southwestern Historical Quarterly, Volume 20, July 1916 - April, 1917 Page: 36
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The Southwestern Historical Quarterly
'An Act entitled An Act to exempt certain property named therein
from execution' duly enrolled and on that day presented to the
President for his approbation."7
The Senate Journal shows the following action:
January 24, 1839. "A bill to exempt certain property from
execution read a 2d time; rule suspended, read a 3d time, and
There was also introduced in the Senate a bill on the subject
of exemptions, as to which the following entries appear on its
December 14, 1838. "Mr. Stroud introduced a joint resolution
exempting certain articles from execution and seizure, which
was read a 1st time and laid on the table for one day."a
December 18, 1838. "A bill to exempt certain articles from
execution and seizure was read a 2d time and on motion of Mr.
Barnett referred to the Judiciary Committee."'1
No further action on Mr. Stroud's measure is recorded. There
is nothing to indicate that it included any exemption of real
estate. It was probably abandoned through preference for the
bill passed by the House. That enactment received the Presi-
dent's approval on January 26, 1839. It appears in the session
laws passed by the Third Congress in the following form:
Be it enacted by the Senate and House of Representatives of
the Republic of Texas in Congress assembled, That from and
after the passage of this Act there shall be reserved to every citi-
zen or head of a family in this Republic, free and independent
of the power of the writ of fire facias or other exectuion issuing
from any court of competent jurisdiction whatever, fifty acres of
land or one town lot, including his or her homestead, and im-
provements not exceeding five hundred dollars in value, all house-
hold and kitchen furniture (provided it does not exceed in value
two hundred ollars) all implements of husbandry (provided they
shall not exceed fifty dollars in value) all tools, apparatus and
books belonging to the trade or profession of any citizen, five
milch cows, one yoke of work oxen or one horse, twenty hogs,
and one year's provisions; and that all laws and parts of laws
'House Journal, Third Congress, 410.
8Senate Journal, 131.
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 20, July 1916 - April, 1917, periodical, 1917; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101070/m1/42/: accessed June 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.