The Texas Almanac for 1867 with Statistics, Descriptive and Biographical Sketches, etc., Relating to Texas. Page: 53
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CONSTITUTON OF X~AS. 53
of courts, and the acts of the different officers of the State, executive, judicial, and
ministerial, done in compliance with the, laws of the State, and in conflict neither
with the Constitution and laws of the United States, nor with the Constitution of
this State, as it existed prior to the Ist day of February, 1861, are declared to be
valid ; provided, that nothing in this ordinance shall be so construed as to render
valid any law of the Legislature, or the acts of any officer, or any judicial proceed-
ing declared void, or annulled by this Convention.
SEC. 2. It is further ordained, That the acts of all the officers appointed by his
Excellency A. J. Hamilton, Provisional Governor of the State of Texas, done in ac-
cordance with the laws of said State, are hereby declared to be as valid and binding
as if said officers had been elected oryppointed in the manner prescribed by the
Constitution and laws of said State.
SEC. 8. Be it further ordained, That all the ordinances, resolutions, and proceed-
ings of a Convention of the people of the State of Texas, begun and held on the 28th
day of January, 1861, and on the 2d day of March, 1861, together with the amend-
ments to The Constitution adopted by said Convention for this State, are declared
null and void.
SEC. 4. Be itfierther ordained, That no suit or prosecution shall be maintained,
or recovery had, against any agent, bailee, executor, administrator, or trustee, who
may have been compelled, by virtue of the acts of the Confederate Congress, in
good faith, to surrender and deliver to the Confederate States Receivers property
or money in their hands, held as such agents, bailees, executors, administrators, or
trustees; and in all cases where executors, administrators, trustees, agents, or bailees
have received and'paid out Confederate or State currency, the courts, in the settle-
ment of their accounts, shall be governed by principles of justice and equity, as
well for the protection of the rights of heirs and creditors, as of such executors,
administrators, trustees, agents, and bailees.
SEC, 5. Be it further ordained, That no person shall be sued in any civil action,
nor prosecuted in any criminal proceeding, for or on account of any seizure, sale,
impressment, or injury to property or person, or other act done since the 2d day of
February, A.D. 1861, by virtue, or in pursuance, of military or civil authority given
by the Confederate States Government, or by this State, or in pursuance of orders
given by any person vested with such authority; nor shall any person be held re-
sponsible, in any civil action or criminal prosecution, for any such injury to person
or property, in which he was not an actual participant, or accessory before or after
the fact, according to the rules of common law.
SEc. 6. Be it further ordained, That in all civil actions, the time between the 2d
day of March, 1861, and the 2d day of September, 1866, shall not be computed in
the application of any statute of limitations.
Sec. 7. Be it further ordained, That in all suits now pending, or that may here-
after be instituted, upon contracts in writing, made since the 2d day of March, a.D.
1861, and prior to the 2d day of July, 18656, payable in dollars and cents, parole
testimony may be introduced to show the intention of the parties to the transaction;
and such parole testimony may be introduced to show that dollars in Confederate
or other paper currency were intended, and the marketable value thereof at the
time of maturity; and the same rule shall obtain where such currency was the con-
sideration of a contract which is otherwise valid.
SEc. 8. Be it further ordained, That all persons domlciliated in the State of Texas,
who were absent during the late civil war, against whom any judgment wasrendered
in this State, since the 1st day of February, A.D. 1861, and previous to the 1st day
of August, A.D. 1865, wherein service was obtained by publication, and there was
no personal appearance in the suit, and wherein there was no personal service upon,
or appearance by, a party who left the State after the 1st day of February, 1861,
shall have two years from the 1st day of April, 1866, within which to reopen and
set aside such judgment, upon the ground of such absence from the State, which
shall have the effect to set aside any sale or disposition ofany property of such ab-
sentee, made under, or by virtue of, such judgment.
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The Glaveston News. The Texas Almanac for 1867 with Statistics, Descriptive and Biographical Sketches, etc., Relating to Texas., book, December 1866; Galveston, Texas. (texashistory.unt.edu/ark:/67531/metapth123772/m1/55/: accessed July 26, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.