Laws Passed by the Eighth Congress of the Republic of Texas. Page: 98
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covered from t., said owner by the creditor of such contrat.or,
in an action for money had and received, to the use of,
said creditor, and to the extent in value of any balance due:
by the owner to his contractor, under the contract with him,
at the time of the first notice give, *as aforesaid, or subseqently
accruing to such contractor, under the same, if such
amount shall be less than. the sum due from the paid contractor
to his creditor.
oSEC. 5. , Be it further enacted, That if, by collusia ;qr
otherwise, the owner of any building, erected by cor4lrin,
writing, as afdresaid, shall pay to his contractor any mzy,,
in advance of. the sum due on said contract, and if tile amount
still due tQ the contractor, aier such payment has been madi
shall be insufficient to satisy the demand made, in conformity
with this act, for work and labor done and performed, or for
materials furnished, the owner shall be liable to the .awomnt
that would have been due at the tirmeof is receivirigthO. ..,:
count'of such work or materials, in the same manner as if no
such payment had been made; provided, that the provisions
of this act shall only apply to incorporated cities,
Passed, February 5th, 1844.
An ACT
More permanently to establish the County-Seat of Bowie
County.
SECTION 1. Be it enacted by the Senate and House of RepresegtaItves
of the Republic of Texas in Congress assembled, That
the town of Boston, having received the highest Tiumber of
votes given for any place within five miles ofthe centre of the
territory, designated in the sixth section of an act, authorizing
the location of said county-seat, approved seventeenth
December,. one thousand eight hundred and forty, be and
the same is hereby declared the permanent seat of justice for
the county of Bowie.
Apprw.ed., February 5th, 18U.
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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/m1/98/: accessed May 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .