The Southwestern Historical Quarterly, Volume 21, July 1917 - April, 1918 Page: 229
434 p. ; 23 cm.View a full description of this periodical.
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The Government of Austin's Colony, 1821-1881
The Civil Cbde provided for the appointment by Austin of a
sheriff to, execute his own processes as judge, and constables to
execute those of the alcaldes; fixed the jurisdiction of alcaldes;
and prescribed a definite judicial procedure. The alcalde acting
alone had final jurisdiction under ten dollars, acting with arbi-
trators he had final jurisdiction up to twenty-five dollars, and
primary jurisdiction, subject to appeal, in cases up to two, hun
dred dollars. As the first step in settling a case, he must try to
bring the litigants to an agreement by "conciliation"-a sort of
settlement out of court. If this failed, he proceeded to try the
case alone or with the help of arbitrators, as the parties to, the
suit determined. The political chief, Jose Antonio Saucedo, ap-
proved this code on M1ay 23 and added to Austin's draft two
articles, one regulating the treatment of stray animals and the
other the registering of marks and brands.28
The Criminal Code Saucedo approved the next day, May 24.29
Articles 1-4 dealt with offences by Indians,-such as violence to
colonists, rambling through the colony without license, stealing,
etc. Anybody was authorized to arrest and conduct such Indians,
without the use of arms, if possible, to the nearest alcalde or cap-
tain of militia. If, upon examination by such official, the Indians
proved to be guilty, they might be punished by twenty-five lashes.
Section 5 dealt with offenses against Indians. The colonists were
forbidden under penalty of heavy fines to abuse Indians, being
enjoined, on the contrary, to treat them "at all times and in all
places in a friendly, humane, and civil manner so long as they
deserve it." Several articles covered offenses by and against slaves
and provided for the recovery of fugitive and stolen slaves by
"8Article 30 of Austin's code constituted the first fee bill ever in oper-
ation in Anglo-American Texas. The Alcalde's fees were: "Issuing a
criminal warrant, 4 bits; for a forthwith summons, 3 bits; subpoena, 2
bits; summons, 2 bits; subpoena for arbitration, 2 bits; judgment, 3
bits; entering stay of execution, 2 bits; entering appeal and writing
appeal bond, 8 bits; issuing execution, 2 bits; ,entering special bail and
taking bond in case of attachment, 3 bits; ditto recording, for every 100
words, 4 bit." For sheriff and constable fees: ",Serving criminal war-
rant, 8 bits; serving a forthwith warrant, 4 bits; summons, 2 bits; sum-
moning arbitrators or jury, 3 ,bits; mileage, going and returning, 5 cents
a mile; levying an execution, 2 bits; selling property and collecting
money, 4 per cent on sums under $200-and 1 per cent on every $100
after."
'Saucedo's certificate is in the Austin Papers, miscellaneous.229
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 21, July 1917 - April, 1918, periodical, 1918; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101073/m1/235/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.