Laws Passed by the Eighth Congress of the Republic of Texas. Page: 69
120, iii-vii p. ; 21 cm.View a full description of this book.
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69
collector, and county treasurer, faithfully to perform the Iluties
required by this act, such officer, thus delinquent, shall
be subject to the same penalties as for delinquency, in other
cases, in which their services are required by law and that
this act be in tfrce from and after its passage.
Approved, February 2d. 1844.
AN ACT
For the benefit of Settlers in good fr.ith, and to amend an act
"To provide the mnode of trying Titles to Lands," approved
Feb. 5th 1840.
SECTION 1. Be it enacted by the Senate and House of Rtprewntatives
of the Republic of Texas in Congress assembled, That
the trial of all actions of ejectment or trespass to try titles,
fter the passage of this act, if the jury find the defendant to
e a possessor, in good faith, and a verdict go in favor of the
,laintiff, for the lands or tenements, sued for, the said plainiff
shall not recover pay for the use and occupation of the
)remises, prior to the filing of:the suit.
SEC. 2. Be it further enacted, That in all suits, hereafter
instituted, the plaintiff shall in no instance recover from the
possessor, in good faith, pay for the use and occupation of
the premises in dispute, where the improvements have been
made by the defendant himself or those under whom he
claims, or from whom he purchased, unless the plaintiff can
prove, that previous to the institution of said suit, he offered
in good faith to refer the question of pay for improvements to
arbitrators, and further offered to give bond to defendant in a
sufficient amount to comply with the award, and shall further
prove, in case an award was rendered in favor of defendant,
that the amount of said award was tendered to said
defendant previous. to the institution of the suit or unless the
plaintiff can prove that he tendered to the defendant, previous
to the institution of said suit, pay sufficient for the imr
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Texas (Republic). Eighth Congress. Laws Passed by the Eighth Congress of the Republic of Texas., book, 1844; Houston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth45348/m1/69/: accessed May 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .