"AN ACT," January 22, 1841

Summary: The Texas Congress added amendments to several laws. Outlined how to replace an associate justice, ordered that judges hire attorneys to prosecute for the county in cases of crimes committed by slaves, and repealed an act requiring the selection of associate justices every year.

Supplementary and Amendatory of certain Acts therein named.

Sec. 1. Be it enacted by the Senate and House of Representatives of the Republic of Texas, in Congress assembled, That whenever any vacancy shall occur in the office of associate justice of the county court, either from the expiration of his official term, resignation, or otherwise, it shall be the duty of the several justices of the peace of said county, upon notification from the chief justice, to assemble, and elect from among their own body, an associate or associate justices, to supply said vacancy.

Sec. 2. Be it further enacted, That in all cases in which the chief justice of any county in this republic shall be interested, absent, or unable to perform his duties, the associate justices of the county court shall be authorized and empowered to act in his stead.

Sec. 3. Be it further enacted, That in all prosecutions of slaves before the county court, under the "Act for the Punishment of Crimes and Misdemeanors committed by slaves and free persons of color," approved December 14th, 1837, the chief

justice before whose court the trial is had, shall appoint an attorney to prosecute on behalf of the county; and in every case of conviction, said attorney shall be entitled to twenty dollars, Texas promissory notes, to be taxed in the bill of costs.

Sec. 4. Be it further enacted, That in every case of conviction, the slave shall be hired out under the direction of the chief justice, until all the costs of the prosecution are satisfied: but if there be no conviction, the costs shall be taxed against the person lodging the information, and execution shall issue accordingly.

Sec. 5. Be it further enacted, That so much of the first section of "An Act organizing the Inferior Courts, and Defining the Powers and Jurisdiction of the same," as requires the associate justices of the county courts to be selected at the beginning of each and every year, be, and the same is hereby repealed.

Sec. 6. Be it further enacted, That this act be in force and take effect from and after its passage.

DAVID S. KAUFMAN,

Speaker of the House of Representatives.

ANSON JONES,

President pro tem. of the Senate.

Approved January 22nd, 1841.

DAVID G. BURNET.

Source Copy Consulted: "AN ACT," January 22, 1841, reprinted in H.P.H. Gammel, The Laws of Texas, 1822-1897, 12 vols., (Austin: Gammel Book Co., 1898), 2:532-533. http://texinfo.library.unt.edu/lawsoftexas