The Texas Almanac for 1858 Page: 49
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LAWS OF TEXAS.
LIQUOR LICENSE LAWS.
An Act, passed at the last regular Session of our Legislature, authorized
the (Ilerks of-the County Courts to issue License for the retail of vinous or in-
toxicating liquors, in any quantities less thin a quart, on condition that thr
applicant shall give a bond in the sum of one thousand dollars, with two or
more sufficient securities approved by the County Treasurer, conditioned
that the applicant shall keep an= orderly house, and will not sell to minors
under sixten years of age, nor to students, nor to negroes without written
autli~rity from the party having control of. sueh negroes, and ' will not per.
mit iany games to be played at the house dr place, whether licensed or not.'
In addition to which bond, the applicant is required to pay to the County
Treasurer a license tax of $250 per year, or at that rate for a shorter term.
A fine of not less than $50, nor more than $200, is imposed fir u violation
of this law, and upon conviction in the District Court, such person shalLbe
imprisoned in the County jail until such fine a'id cost are paid, and cannot
be discharged in less than thirty days, unless the fine and costs are sooner-
paid.
This Act also imposes the above penalty on those engaged in selling liquors
in quantities of a quart or more, for permitting the same to be. drun .' at or
about the place or establishment where sold, or at or about any .other hocse
provided for that purpose."
. No license can be granted for less than four months. It is made the dty
of the CountyClerk, Treasurer and County Commissioners. to prosecute for
all Violations of this law before a Justice of the Peace.
The Act provides that debts contracted in violation of this law shall not be
eolleetableby law..
Beer manufactured in Texas is exempt from the provisions of this act,
which was approved Feb. 2, 1856, and repeals all other license laws.
A QUESTIoIr or DOUBT.-It seems to have become a matter of serious douot
whether the above provisions of the Liquor. Licens Law, of Feb. 2d, 1856, have
not ben repealed, as regards all penalties for their violation, by the adoption of
the Criminal Code, at the adjourned session of the same Legislature, last summer.
In this Code, it is declared that "all laws and parts of laws now in force, which
regulate or refer to the prevention, suppression, prosecution, 'and proceedings for-
the punishment of crime, shall stand repealed."
It is maintained.by many, and has been'so decided by. some of oiurjudges, that
thi'enactment abolishes the penalty for selling liquor without license; but the
Attorney General of the State, who was one of thol who framed the Penal Code,
is of a different opinion, and has issued a circularto tihevariods Distriot Attor-
neys, requiring-bills of indictment to be brought against all persons violating the
Liquor License Law. The question will doubtlessbe brought before the Supreme
Court at its next session, and all doubt removed in regard to it by the authorita-
tive sanctionof its decision. The Attorney General assigns the following among
theireasons in favor of the validity of the. law : .
1st. Because it is agenetal principle that no law is to,be considered as repealing
anotherpassed at the same session, unless so-expressly declared in the law.
2d. Because it waslthe manifest intention of the Legislature that the repealing
setions of the Code should not affect the License Law.
8d. Because rer:al:by implication are not favored, especially when great intoa-
vesnience and injury result.
LAW R-EGrJLATING MARITAL RIGHTS.
An important law under this caption, was passed at the late adjourned
Session; we give its leading features, as follows:
On the decease of either husband or wife, the community property contin-
nes as under the former law; the survivor is, however, not required to take
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The Texas Almanac for 1858, book, 1857; Galveston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth123764/m1/50/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.