Laws of the Republic of Texas, in two volumes. Volume 01. Page: 205
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thie stame, mentioning the time and place of his and their ap,
peartncC, the names of the parties to the suit wherein tcstimony
is to be given, and the party at whose instance such witness
is summoned, and every subpoena may be made returnable im,
SEC. 23. Every witness summoned to any court, shall attend
from day to day and from term. to term, until discharged,
by the court: or the party summonilng him; and any witness failing
to appear, and attend as herein required, may be fined by
the court, in a sum not exceeding one hundred dollars, and shall
be liable to the action of the party summoning him, to the full
dainages which he may sustain for want of the testimony of witness.
Evry witns s shall receive as a compensation, one dollar
and a quarter per day, that he shall so att-end, and six cents
for every mile that he shall travel in going and returning, and
shall receive from the clerk of the court a certificate for the
sarme, whii'h shall be taxed, and collected as costs. In criminal
prosecutions the same rule shall apply to witnesses as is required
in civil cases, they shall receive tlhe same compensation, and the
same certificate, which shall be paid by the dlefndant on conviction,
or if on conviction the defendant sliall be unable to
pay the costs, the witness appearing on behalf of the republic,
shall be paid out of the treasury of the same, and the certificate
of the clerk shall be a sufficient voucher to authorise the
proper officer to issue his warrant on the treasurer for the said
sum: hut there shall not be allowed in the bill of costs, a charge
for more tlan two witnesses, for the proof of any one particular
SEC. 24. Witnesses shall be privileged fiom arrest in all
cases except treason, felony and breaches of the peace, during
their attendance on any court, and in going to and returning
therefrom, allowing one day for every twenty-five miles from
their place of abode.
SEC. '25. Any witness rciusing to give evidence upon oath
or affirmation to the best of his or her knowledge, shall be committed
to prison by the court or other person authorized to take
his or her testimony, there to remain without bail until he or
she shall give such evidence.
SEC. 26. All negroes, mulattoes, Indians, and all otler
persons of mixed blood, descended from negro or Indian. ancestors,
to the third generation inclusive, though one ancestor of
each generation may have been a white person, shall be incapa
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Texas (Republic). Secretary of State. Laws of the Republic of Texas, in two volumes. Volume 01., book, 1838; (texashistory.unt.edu/ark:/67531/metapth45356/m1/205/?q=negro: accessed August 19, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .