"AN ACT," January 27, 1841
Summary: This law prevented slaves from being forcibly sold but its signers made clear that it did not supercede the authority of the courts.
Prohibiting forced Sale of Slaves under Execution.
Sec. 1. Be it enacted by the Senate and House of Representatives of the Republic of Texas, in Congress assembled, That hereafter no slave or slaves or indentured free person or persons, in the possession and ownership of the bona fide master, or heir or heirs, legatee or legatees of any intestate or deceased person, shall be subject to forced sales, by virtue of any writ of venditioni exponas, fieri facias, or execution of any kind; Provided, always, That the provisions of this act shall not be construed to extend to sales under or by virtue of any final decree or judgment of the courts of competent jurisdiction, where the same has been made or obtained in conformity to law, ordering the sale and distribution of the property of any intestate or deceased person's estate upon petition, as directed, being filed, praying for the same; Provided, Nothing herein shall protect said property in the possession or ownership of defaulters to this Republic.
DAVID S. KAUFMAN,
Speaker of the House of Representatives.
ANSON JONES,
President pro tem. of the Senate.
Approved January 27th, 1841.
DAVID G. BURNET.
Source Copy Consulted: "AN ACT," January 27, 1841, reprinted in H.P.H. Gammel, The Laws of Texas, 1822-1897, 12 vols., (Austin: Gammel Book Co., 1898), 2:515. http://texinfo.library.unt.edu/lawsoftexas