jury, proceed to render judgment upon the pleadings and evidence in any such case, and shall, on application of either party, grant an appeal to the Supreme Court upon such terms and conditions and requirements as appeals are granted in other cases.

SEC. 7. When the judgment of the court shall be given in favor of the claimant of any perfect grant, no other fee or cost shall be taxed except such as provided for in section fifth of this act; but in any case in which judgment shall be given in favor of the claimant under an imperfect grant, the court shall condemn the claimant to the payment of such amount as the claimant would have had to pay had not the sovereignty of the soil changed, in addition to the costs taxed by section fifth of this act; and it shall be the duty of the clerk of the District Court to enter the judgment of the court in full on the docket, which shall show the amount to be paid by each claimant.

SEC. 8. All lands, the claims to which shall be finally rejected in the manner herein provided, shall be deemed, held and considered as part of the public domain of the State; and for all claims finally confirmed under the provisions of this act, a patent shall issue in the name of the original grantee, his heirs and legal assigns, upon presentation at the General Land Office of an authentic certificate of such confirmation, and the field notes of the district surveyor of the county in which the land may be situated, accompanied with the legal vouchers that the taxes legally due on the same have been paid to the State and county; provided, that the claimant shall pay to the Commissioner of the General Land Office the amount to which he may have been condemned by the court, under the latter clause of the seventh section of this act.

SEC. 9. The final confirmation rendered by the courts, or any patents issued under this act, shall be conclusive between the State and such claimants only, and shall in no way be construed to interfere with any right which may have accrued to other parties by the location of any genuine land certificate, but the same shall remain without prejudice; provided, that any patents or locations in conflict with any grants confirmed by the act approved February 10, 1852, or under the act of February 11, 1860, or with any grants which may be confirmed by the courts under this act, may be cancelled by the Commissioner of the General Land Office, upon the application of the owner, and the Commissioner shall deliver to such owner the certificate for re-location upon the vacant public domain of the State.

SEC. 10. Be it further enacted, That all claimants of titles to be ascertained and adjudicated under the provisions of this act shall

bring suit within the term of two years from and after the passage of this act.

SEC. 11. Be it further enacted, That all claimants under the act of February 10, 1852, and under the act of February 11, 1860, and all claimants to grants which may be confirmed by the courts under this act, shall have their lands surveyed and the field notes returned to the General Land Office by the first day of January, A. D. 1875, or their claims shall be forever barred and such lands shall become part of the public domain of the State.

SEC. 12. Be it further enacted, That the owners of any patents or locations on any lands which have been confirmed by the act of February 10, 1852, or under the act of February 11, 1860, or that may be confirmed under this act, shall be allowed to present such patents and locations for cancellation, as hereinbefore provided for, at any time within two years from and after the passage of this act, or from the date of the confirmation of the title.

SEC. 13. Be it further enacted, That this act take effect from and after its passage.

Approved August 15, 1870.

CHAPTER LXXXIV.

AN ACT FOR THE ASSESSMENT AND COLLECTION OF TAXES.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the justices of the peace of the several counties of this State shall be the assessors of taxes in their respective precincts, under such rules and regulations as may be prescribed by law.

SEC. 2. That every justice of the peace shall, within ten days after he has received notice of his election, in addition to the bond and oath required for the performance of his other duties as justice of the peace, give a bond payable to the State of Texas, in a penalty of two thousand dollars, with at least three good and sufficient sureties, to be approved by the district judge of his county, and shall also take and subscribe the following oath: "I do swear that all valuations made by me shall be in accordance with the provisions of the laws of the State, regulating the assessment and collection of taxes, and justice;" which, together with said bond, shall be recorded and filed in the office of the clerk of the District Court; said bond shall be deemed to extend to the faithful performance of all

duties imposed on him by this act and the instructions of the Comptroller of Public Accounts, as justice of the peace, for and during the full term for which he was elected, and shall also be deemed to cover the whole time from the date of its execution to the end of the term for which he was elected, and until his successor is qualified, and shall not become void on the first recovery, but suit may be maintained thereon until the whole amount thereof be recovered. A justice of the peace may be required to furnish a new bond, or additional or other sureties, whenever, in the opinion of the district judge, it may be deemed advisable. Should any justice of the peace fail to give a new bond, and additional or other securities, whenever required to do so by lawful authority, or shall appear to be a delinquent in the performance of any important duty, or shall become addicted to habitual intemperance or gambling, or be incompetent to discharge his official duties, or any other cause whereby the interests of the State may be jeopardized, then and in that case he shall be removed by the district judge, who shall forthwith order an election to fill such vacancy for the remainder of his official term, and in case of the removal by the district judge, the cause thereof and order of removal shall be entered on the minutes of the court.

SEC. 3. That should any justice of the peace fail or refuse to surrender the tax rolls, or other archives appertaining to his office, to his successor, on application, he shall be liable in a fine of not less than one hundred dollars for every week he may so fail or refuse to deliver such rolls or archives, to be recoverable on his official bond.

SEC. 4. A justice of the peace, unable from sickness or other cause, to perform the duties of his office, may, at his own expense, employ a person to assist him. Such person, after taking the proper oaths, may discharge the duties of justice of the peace prescribed by this act, and his principal shall be liable for their faithful performance.

SEC. 5. The justice of the peace shall call upon every person in his precinct, required by this act to give in a list of property, moneys, credits or other subjects of taxation, and the value thereof, and may apply to any officer or agent of a company, or to any person interested therein, and shall administer an oath to any person to make true answers to such questions as may be propounded to him in relation to such matters as the justice of the peace is authorized to inquire. A justice of the peace failing to make any call, or to administer the oath required by this section, shall be subject to a fine of fifty dollars, on indictment or information in the District Court.

SEC. 6. It shall be the duty of the Comptroller of Public Ac

counts to prepare and forward to each justice of the peace printed forms for the "land register" and property books; and also for lists of taxable subjects, required to be furnished by the justice of the peace to persons chargeable with taxes; and he shall also, by letter or printed circular, give such instructions to the justices of the peace in respect to the discharge of their duties as to him shall seem judi

cious.

SEC. 7. The Comptroller of Public Accounts shall communicate any instance of the misconduct or neglect of duty of any justice of the peace, or any evidence of his incapacity furnished by anything in the Comptroller's office, to the clerk of the District Court of the county wherein such justice of the peace was elected; which letter the clerk shall lay before the court at the first term after it is received.

SEC. 8. Upon any complaint being made of a justice of the peace by such letter or otherwise, or whenever the district judge is satisfied that there has been evident neglect of duty, it may order a summons to issue, requiring such justice of the peace to appear before the District Court at the next term thereof; and after such notice shall have been served on the justice of the peace for at least ten days before the return day thereof, the court shall, at the term to which such summons is returnable, or to which it may be continued, consider whether there has been evident neglect of duty or misconduct in office by such justice of the peace, and if it shall be of opinion that such cause exists, shall make an order for his removal, and shall forthwith direct an election to fill the vacancy.

SEC. 9. The clerk of each District Court shall, annually, in the month of January, make out a list of all deeds for the partition and conveyance of land (except deeds of trust and mortgages made to secure the payment of debts) which may have been lodged in such clerk's office, to be recorded (although not fully proved) within the year ending on the thirty-first day of December preceding, which list shall state the date of the deed, when admitted to record, names of grantors and grantees, the quantity of the land conveyed, and a description of the same.

SEC. 10. The clerk of every District Court shall make out a list of all judgments and deeds for the partition or recovery of lands which may have been rendered, and of all lands absolutely devised by wills, which may have been recorded in such court within the same year, which list shall state the date of the decree, the land which is the subject of the partition, and between whom and in what proportions it is divided, and the date of the will containing the devise, when admitted to record, names of the devisor and devisee, and a description of the land devised.

SEC. 11. A copy of every list mentioned in either of the two preceding sections shall be delivered by the clerk of the District Court to each of the justices of the peace for his county, or at least so much thereof as relates to lands in the precincts of each. If any clerk of a District Court shall fail, for one month after the expiration of the said year, to perform any of the duties required of him by this section, or either of the two next preceding, he shall, for such failure, be subject to a fine of fifty dollars, on indictment or information in the District Court.

SEC. 12. When any real estate of a decedent shall, under his will or by descent, pass to any other person, or for any other use than to or for the use of the father, mother, husband, wife, brother, sister or lineal descendant of such decedent, the clerk of the court in which such will is recorded, and the clerk of the District Court of the county in which any such real estate is situated, upon ascertaining the fact, shall report the same to the justice of the peace for the precinct in which such real estate may be.

SEC. 13. An abstract shall be made out, by the Commissioner of the General Land Office, of all lands patented within the year aforesaid, and a copy of the abstract for each justice of the peace therein shall be sent to the clerk of the District Court of each county by the Comptroller of Public Accounts, within one month after the expiration of said year.

SEC. 14. Any person interested may also procure, at his own cost, a statement of any such judgment, decree or devise, as is mentioned in the tenth section, and deliver the same to the proper justice of the peace.

SEC. 15. The lands appearing on the lists or statements mentioned in the ninth, tenth and twelfth sections of this act, shall be transferred accordingly on the register to be kept by the justice of the peace, and charged to the person to whom the transfer is made.

SEC. 16. Where a tract or lot becomes the property of different owners in several parcels, the value at which the whole had been assessed shall be divided by the justice of the peace amongst the several parcels, having regard to the value of each parcel compared with that of the whole tract or lot, and the tax upon the whole shall be apportioned accordingly amongst the owners of the different parcels. If any person interested shall be dissatisfied with such apportionment, he may apply to the justice of the peace to make a re-assessment, and the justice of the peace shall make the same, according to the best of his skill and judgment, after ten days' notice of the time thereof to the parties interested, or to such of them as may be within his precinct. Any party may, after like notice,