CHAPTER XLVI.

AN ACT REGULATING THE RIGHT TO KEEP AND BEAR ARMS.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That if any person shall go into any church or religious assembly, any school room or other place where persons are assembled for educational, literary or scientific purposes, or into a ball room, social party or other social gathering composed of ladies and gentlemen, or to any election precinct on the day or days of any election, where any portion of the people of this State are collected to vote at any election, or to any other place where people may be assembled to muster or to perform any other public duty, or any other public assembly, and shall have about his person a bowieknife, dirk or butcher-knife, or fire-arms, whether known as a six shooter, gun or pistol of any kind, such person so offending shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in a sum not less than fifty or more than five hundred dollars, at the discretion of the court or jury trying the same; provided, that nothing contained in this section shall apply to locations subject to Indian depredations; and provided further, that this act shall not apply to any person or persons whose duty it is to bear arms on such occasions in discharge of duties imposed by law.

SEC. 2. That this act take effect and be in force in sixty days from the passage thereof.

Approved August 12, 1870.

CHAPTER XLVII.

AN ACT AUTHORIZING THE GOVERNOR TO ORDER AN ELECTION TO BE HELD IN HILL COUNTY FOR THE PERMANENT LOCATION OF THEIR COUNTY SEAT.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the Governor of the State of Texas be, and is hereby authorized to order an election to be held in the county of Hill, on the second Monday in September, A. D. 1870, (or as soon thereafter as possible), for the permanent location of the county seat of the

county of Hill; said election shall be held at such places and under such rules and regulations as the Governor may prescribe.

SEC. 2. That the returns of said election shall be made to the Secretary of State, within twenty days after said election shall have been held, and the town receiving two-thirds of the votes cast shall be the permanent county seat of the county of Hill, but should no place receive two-thirds of the votes cast, the present county seat shall remain the permanent one.

SEC. 3. That the Governor shall, within twenty days after the returns of said election shall have been received, notify the Police Court of the county of Hill of the result of said election.

SEC. 4.

That this act be in force from and after passage.

Approved August 12, 1870.

CHAPTER XLVIII.

AN ACT MAKING APPROPRIATIONS FOR THE PAYMENT OF THE EXPENSES OF MAINTAINING RANGING COMPANIES ON THE FRON TIER.

SECTION 1. Be it enacted by the Legislature of the State of Teras, That the sum of seven hundred and fifty thousand dollars, or so much thereef as may be necessary, be and the same is hereby appropriated, out of any moneys in the State Treasury (derived from the sale or hypothecation of the bonds of the State issued for frontier protection), for the purpose of paying all expenses connected with the organization, arming and maintenance of the ranging companies on the frontier, called inte service under the provisions of the act approved June 13, 1870.

SEC. 2. That this appropriation shall be expended under the direction of the Governor; and the Comptroller of Public Accounts shall, under the special direction of the Governor, audit all claims and accounts incurred for the purposes hereinbefore mentioned, and shall draw his warrant on the Treasurer for the payment of the

same.

SEC. 3. That this act shall take effect from and after its passage. Approved August 12, 1870.

CHAPTER XLIX.

AN ACT CONCERN NG THE LEVY OF TAXES FOR BEXAR COUNTY.

SECTION 1. Be it enacted by the Legislature of the State of Teras, That upon all items of taxation other than the ad valorem tax, the Police Court of Bexar county may, for the use of said county, levy and collect the same amount of taxes directed to be collected for the use of the State.

SEC. 2. That it shall be the duty of the Police Court of Bexar county, at its first regular meeting in each year, to make a careful estimate of the necessary expenses of the county for the current year, which shall be spread upon the minutes of the court, and shall contain each item of expense, and shall be published at least three times in some official newspaper of the county, for the information of the public.

SEC. 3. That it shall be the duty of said court, after the said estimates are made and published, as contemplated in the next preceding section, to deduct from the same the estimated amount of revenue from all sources to the county other than the ad valorem tax, also any surplus that may remain on hand from the year before, and after due completion and return of the final assessment of the ad valorem tax for the year, to levy and collect upon the same. as in other cases by law made and provided, such a per cent. as will raise a sufficient sum of money to make the difference between the estimates before required.

SEC. 4. That, for the purpose of economizing the expenses of the county in cases when the fees and compensations are fixed by law, as in the case of feeding of prisoners, and other like cases, the court may, and it shall be its duty to make contracts for the said services, when the same can be as well done and at less cost than the payments allowed by the general law.

SEC. 5. That this act take effect and be in force from and after its passage.

Passed August 12, 1870.

CHAPTER L.

AN ACT PRESCRIBING THE POWERS AND DUTIES OF CLERKS OF THE DISTRICT COURTS.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the clerks of the several District Courts of this State shall perform all the duties now required of them under existing law; and shall perform such other duties as may be herein prescribed.

SEC. 2. It shall be the duty of said clerks of the District Courts to file and keep in one wrapper of strong paper, not connected with the suit, all the papers belonging to the same suit, and to file with the papers of each suit a memorandum of each order and proceeding had and taken in the suit, on separate papers, each marked with the file mark of the suit.

SEC. 3. The clerks of the District Courts shall not permit any person to take the papers of any suit, or any other paper, out of their respective offices, unless the person so taking such paper or papers shall receipt therefor to said clerk, in a book to be kept for that purpose.

SEC. 4. It shall be the duty of the clerks of the District Courts to make and keep complete and correct cross-indexes of all the books and records in their respective offices.

SEC. 5. The clerks of the several District Courts shall also be recorders for their respective counties of all deeds, bonds and other written instruments, required by law to be recorded; and shall also be ex-officio clerks of the County Courts of their respective counties; and by virtue of their offices shall have control of the records, papers and books of the County Courts and District Courts, and shall generally perform all the duties heretofore performed by County and District Court clerks.

SEC. 6. The clerks of the District Court shall perform such duties, in reference to probate matters, and in relation to the estates of deceased persons, as are prescribed by law.

SEC. 7. If any clerk of the District Court shall fail or refuse to perform any duty herein prescribed, he shall be subject to such penalty as may be prescribed by law, and may in addition be removed from his office by the judge of the District Court, for sufficient cause, to be entered upon the minutes of the court.

SEC. 8. All laws and parts of laws in conflict herewith are

hereby repealed; and this act shall take effect and be in force from

and after its passage.

Approved August 12, 1870.

CHAPTER LI.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO ESTABLISH A CODE OF CRIMINAL PROCEDURE for the STATE OF TEXAS," APPROVED TWENTY-SIXTH DAY of August, 1856.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That article three hundred and seventy-nine of the Code of Criminal Procedure be so amended as to read as follows:

"ART. 379. The foreman of the grand jury may issue a summons or an attachment for any witness in the county where they are sitting; which summons or attachment may require the witness to appear before them at a time fixed, or forthwith, without stating the matter in respect to which the witness will be called upon to testify."

That article three hundred and eighty be so amended as to read as follows:

"ART. 380. The foreman of the grand jury, or the district attorney, may, upon application in writing to the District Court, cause an attachment to be issued for a witness to any county in this State, returnable to the grand jury then in session; or to the next grand jury for the county from whence the same issued, as such foreman or district attorney may desire; which attachment shall command the sheriff or any constable of the county where such witness resides, to arrest said witness and have him before the grand jury at the time and place specified in the writ; and the district attorney may cause an attachment to be issued, as herein provided, either in term time or in vacation."

Approved August 12, 1870.