Democratic Telegraph and Texas Register (Houston, Tex.), Vol. 11, No. 21, Ed. 1, Wednesday, May 27, 1846 Page: 1 of 4
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DEMOCRATIC TELEGRAPH AND TEXAS REGISTER.
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PUBLISHED BY CRUGER & MOORE.
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No creditwtllbegivcnloanj transientadvertis.er, nnderauy
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The above terms are rated m-specie orlls equivalent, in
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EorJha. Tdezravh.
AMBITION HUMBLED AND REPRdfED, OR'
ALTaWER"AND XHEjIPMAN SKULL.
The grave and destruction can never have enough,
nor are the eyes of men ever satisfied.
Prov. xxviij v20.
Alexander pursuing his journey through dreary
deserts, and uncultivated grounds, came at last to a
small rivulet whose waters gilded peaceably' along
their shelving banks. It smooth unruffled surface
was the image of contentment, and seemed in its si-
lence to say "this is the abode of tranquillity and
peace" all was still; not a sound was heard, sac
those soft un measuring tones which seemed to whis-
per into the ear of the -weary traveler "come, and
partake of natures bounty !'' and to complain that
such offers should be. made in vain. To a contemp-
lative .min.snch a scene might have suggested a
thousand delightful reflections:
Bit what charms could It have for the soul of an
Alexander, whose breast was filled -with schemes of
ambition andTconquest; whose eye was familiarized
withifanine and slaughter: and whose ears were ac
customed to the clash of arms to the groans of the
wounded and "dying! Onward,, therefore, he march-
ed. Yet overcome by fatigue and hunger, lie was
goon obliged to stop. sHe sealed himself on one o(
the banks of tho river, took a draught of water,
Which he found very sweet and refreshing. He then
ordered soma salt fish, with which he was well pro-
vided, to be brought to him. These he dipped in
the 5tream,inT order to-take off the hrine, and was
very much surprised to, find them yield a very agree-
able fragrance. "Surely," said he, "this river, which
possesses-such uncommon qualities, must flow from
some very rich and happy country. Let us march
thither' Following the course of the river, he at
length arrived at the gates of paradise. . The gates
were shut?. He .knocked, and with his usual impet-
uosity, demanded admittance. "Thou enlist not be
admit ed here." exclaimed a voice from within: i 'this
vap. is f he Lords." "I am the Lord the Lord of
the earth;" Tejoined the impatient chief "lam Al-
exander ihe conquered Willyo11 not admit me?"
".No -was the answer. "Here, we know of no con-
TjfTRTors'shTe sachSR-'Conaueriibeir passions, Hoae
hut h iusfcah enter here. Alexander endelCT
-VorecTia vhin to enter the abode of the blessed; nei
ther entreaties, nor meanccs, nor force: availed.
Seeing all his attempts fruitless, he addressed him-
selfto the garden of paradise, and said: "you know
Lam a great King) one who receives the homage
of nations. Since youv will not admit me, give me
at least something, that I may show an astonished
and admiring world that I have been where no mor- J
talmanhas ever oeen Deiore. me." "nere,-mna-man,"
said the guardian of paradise "here is some-
thing forthee, it may ease the maladies of thy dis-
tempered soul. One glance at it may teach thee
inre wisdom than thou hast hitherto derived from
all thy 'former-instructors, Now go thy ways."
Alexander took it with avidity, and pressed it to
his heart.
But what was his confusion and. surprise, to find,
onexaminmg the present received, that it was noth-
ingJbuuhfl fragment of a human skull. "And is
tins' exclaimed Alexander, "the mighty gift that
they bestow on Kings and heroes! Is this the fruit
of so much toil, danger and care!" enraged and dis-
oppo Tiled, he threw it on the ground; "great King,"
stud learned man who happened in be present, ".do
not UPSpise mis gut, uespicaDie as u appears in mine j
eyes,it yet possesses some extraordinary qualities,
ofwhich ihou raayest soort be convinced, if thou
wilt order it to be weighed against gold or silver."
Alexander ordered it to be done. A pair of scales
was brought. The skull was placed in one, and a
quantity of gold in the other; when to the astoilish-
mant of the beholders, the skull over-balanced the
gol3; more gold was ordered, still the skull prepon-
derated. In short, the more gold there was pnt in
the one scale, the lower sunk that which contained
tLe.slr.uII. "Strange!" exclaimed Alexander, "lhat
so mall a portion of matter should outweigh so large
a mass of gold! Is there nothing lhat will counter
poise it" "zes," answered me pnuosopner, a very
liitle matter will do it." They then took some earth,
coiered cbeskuli with it, when immediately down
went the gold, and the opposite scale ascended.
"This is very extraordinaijl" said Alexander, aston-
ished. "an you explain this phenomenon?"
"Great King" said the judges. "This fragment is
the socket of a human rye, which though small in
compass, is yet unbounded in ils desire. The more
it has, ihe more it ciaves Neither gold or anyoth-
er e.irthly possession can stisfy it. But when
once is laid in the grave, and covered with a little
earth, there is an end to us lust and ambition."
Claim on the Government by the heirs of Paid
Jjnt;s.'We have before us a very Interesting report
made on the 10th ultimo to the House of Represntu-
tives by the Committee on Nval Affairs, relative to
the above claim. After a perusal of the statements
and correspondence embodied in this report, we must
say Chat, so far as principle is concerned, a more fair
and straight forward claim could not have been sub-
mitted to Congress ; and we irust that the session
will not terminate without an act being passed to car-
ry out the favorable recommendation? of the Com-
mittee. The services rendeied to our republic, in
and
sentaiiyes.. If is politic also, as well as just, that those
i . r .i . i i .rji . i-i t. i u. :i-
Wno turpw menisci ves uuiaty mu mu uruacu wuu
ontfculating their own personal advantage, should
receive, either themselyes or through their heirs, il o
measure of justice which is their due. The people's
rep'reSentallves are the propergnardians of those who
bravely and generously defended the people's rights.
Charts oil Courier.
its Infancv. bv Ptml Jorws. were so eminenf,
IuscCn-2uct was so singulary disinterested, that it
should be a pleasing duty to do justice to his repre-
HOUSTON,
Civility. When friends call on you, never be
confused or in a hurry ; tieat them with hospitality
and politeness, and endeavor to make them happy
in their own way. Never tease them to do this or
that which they do not prefer. True politeness
consists in an easy and pleasant deportment, and in
making our friends easy, and permitting them to en-
joy themselves in that way which is most pleasing
to them.
PROTECTION OF OUIl C1TIENS IN ORE-
GON. Annexed is the bill which passed the House of
Representatives by a vote of 104,to 64, and which
is now before the Senate.
A Bill to protect the rights of American settlers in
the Territory of Oregon,-, until the termination of
the joint 'occupation of thesame.
1. Be it?iacled bit the Senate and House of Re
presentatives of the United States in congress assem
bled. mat tne junsuiction oi tne csuoreme ourtoi
the Territory of Iowa and the laws of said Territory,
so far as the stum may be applicable, as they now
exist, are hereby exlended'ovepall that portion of the
terrjtQrity of the United States'which lies west of the
Rocky Mountains; and'also overall that portimtf
the intermediate country west of the Missouri river,
and between the fortieth and.forty-thiroV parallels of
north latitude, Provided, that this act shall not be
construed nor executed in a such a manner, as to
deprive the subjects of Great Britain of any of the
rights and privileges secured by the treaty signed at
London, Octole twentieth, eighteen hundred rand
eighteen, and continued in force by the traty of
August sixth, eighteen hundred and twenty-seven.
2. That all the country described in the first sec-
tion of this act, shall constitute one judicial distnct.
and a disfiict court shall be held therein by the judge
to be appointed under this act, at such times and
places as he shall designate.; and said court shall
possess all the powers and authority vesied in the
present district courts of said Territory of Iowa. An
additional justice of the supreme court of the Tcni-
tory of Iowa shall be appointed, who shall hold his
office by the same tenure, receive the same compen-
sation, and possess the same powers and authority as
are conferred by law upon the other justices of said
couit,and who shall hold the .district courts in said
district as aforesaid.
3. That the President beherehy authorized to ap-
point the tequisite number of justices of the peace,
and such ministerial officers as shall be necessary
for the due execution of the laws : Provided, lhat
any subject of Great Britain who shall be arrested
under the provision of this act, for crime alleged to
have been committed within the territory of the U,
States west of the Rocky Mountains, while the same
remains free and open to the vessels, citizens, &sub-
jects of the, U. States and of GreatBritain, pursuant to
stipulations between the two powers, shall be deli-
vered up for trial, on proof of his being such British
subject, to the nearest and most convenient author-
ities having cognizance of such oflence by the laws
of Great Britain.
4. That provision shall hereafter be made by law
to secure aud grant to every white person, male or
female, over the-age of eighteen years, three hundred
and twenty acres of land, and to every white-person,
ialtror?emale,ander the-age-ofeigthdon-ysatrono
hundred and sixty acres of land, who-shall have
resided in the said territory described in the first
section of this act for five consecutive years, to com-
mence within three years from the passage of this act:
Provided, the said laud shall be located in said
territory. '
5. That there shall be appointed in tne manner
provided by law for similar officers, a superinten-
dent rf Indian affairs, and such Indian agents and
sub-agents as shall be necessary to the public inter-
ests, to whom may be entrusted, under the direction
of the President, and in accordance with the existing
lawsso far as they may be consistent with thepur-
port of this act, the regulation of trade & intercourse
with the Indiau tribes, aud the execution of the laws
herein extended over the country, described in the
first section of this act.
6 That ihe President be, and he is hereby, au-
thorized to cause to be erected such blockhouses,
stockades or military posts as shall be necessary to '
protect emigrants, settlers and traders on the route
to and in the territory of Oregon, against Indiande-
predations and aggressions, and to furuish such am-
munition and supplies as shall be necessaiy to iheir
defence. .
7. That a post route be established from Fort
Leavenworth, via Graud Island, on the Platte river,
Fort Laramie, the South Pass of the Rocky Mon-
tains, Fort Hall, Fort Boise, Fort Wallawalla, and
Oregon City, on the Willameitee river, on the Paci-
fic ocean.
8. That it shall be the duty of the Postmaster
General to cause the United States mail to be trans-
ported on the said route from Fort Leavenworth to
Astoria and back, at least once a mouth by such
means of conveyance as he may deem most advan-
tageous to the public service, and on the best terms
that can be obtained by contract, in tne moae now
provided by law for the traiisportaion of the United
States mail : Provided, that if irl the opinion of the
President of the United States, it bo expedient to
cause the mail on the route aforesaid to be carried by
detachments of mounted men in the service of the U.
States, he may order the said mail to be carried in
that way instead of having it transported by-contract,
as above provided.
9. That the sum of one hundred thousand dollars
be, and the same is hereby appropriated to carry the
provisions of this act into effect.
LIEUTENANT GOVERNOR.
It is with much pleasure that we see Col. A. C.
Hortonin ihe position to which he was called by the
voles of the people, and that the Legislature may not
be obnoxious to the charge of inconsistency in first
proclaiming Gen. Darnell Lieut. Governor, and then
making the same decision m iavor oi tne presnt in-
cumbent, we deem it hot improper to give a brief
sketch of the proceedings. When the votes were first
counted out, there were some election returns from
Fannin county directed to the State Department,
which should have been forwarded to the Speaker of
the House of Representatives, which if counted,
would have given Horton the majority. The Chief
Clerk of the House called at ihe Slate Department
and asked Mr. Eldrcdge the Chief Clerk of that De-
partment, for any returns that might be there. The
returns from Fanuin were not handed to Raymond.
The votes counted out gave Darnell the majoiity,
and he was proclaimed, in due fdrm, Lieut. Gover-
nor. Subsequently, Eldrcdge notified the proper
authority that he had the afmesaid returns, but
had overlooked them. The Legislature promptly
retraced their steps, procured the lost returns, and
vindicated the right of the people by giving the of-
Published Weekly.
WEDNESDAY, MAY 27, 1846.
fice to the person having the "highest number of
votes' as required by the Constitution. Another
striking fact in the history of this matter, is that
members of the Legislature professing to be Demo-
crats, could be found voting to sustain a priuciple
which places it in the power of a corrupt or care-
less Clerk to thwart the will of the people, and grat-
ify the malice or subserve the airibition of his chief-
tain. New Era.
Cornmun icated.'
Tempetiance. Two interesting meetings were
held atLynchbuigh on Saturday, and Sunday, 9th j
and lUth inst. mi. uaiy jecturea on uoui ocuasiuns,
during which ledures he exhibited the Plates 'of
the Human Stouach published from dissections
made by the late lamented Dr. Sewal of Washing-
ton city, and Professor Hornor. These drawings
shew in the most satisfactory manner ihe pernicious
effects resulting from the use of Alcoholic Drinks.
A great number of persons were present at the above
meetings, who expressed a lively interest in the
subject, and a desire to have them repealed. Seve-
ral persons in the neighborhood signed the"Pledge."
From our A-ustiii Correspondent.
" r AuariNi May lfVl&fo '
If 1 knew in what terms to describe the most ex-
traordinary state of confusion into which any Leg-
islative botfy was ever thrown, I should, be at "no
lo-s in giving you some slight idea of the present
posture of affairs at the capitol of the.State. Suffice
it to say, in the language of a plain, but very intelli-
gent and much esteemed member of the House,
hmh Houses have legislated themselves exactly in
to a round O, neither House can tell where it left!
off last, or where to begin again."
At the commencement ol the present week, (or
raiher the last, for I wnte on Sunday night,) the
principal object which engrossed the attention of
both Houses, was the plan for ascertaining the a-
mountof the public debt, and devising the means
for its adjustment. The Senate, with some difficult
ty, mid not without much opposition, open and
concealed from you know who, passed a bill em-
bracing the object, which authorized the Cornptrol
ler to give public notice to all claimants to present
their claims within 12 months after advertisement
said officer to classify the claims and ascertain the
whole amount, nnd report the same to the next Leg-
islature. It came into the House, and there the
trouble commenced. A proposition was made so
to 'amend the bill, as to require the Auditor and
Comptroller to act as a Board to receive and adjudi-
cate upon all claims against the Republic of Texas.
This amendment was warmly and ably defended by
Mr. Howard, Mr. Willie, and others; and as deter-
minedly opposed by a number of members. You
hnvp. nrnhablv heard of a certain "snake" discov
ered here during the session of the Legislature
which said "snake" is supposed to have originated
upon the Public Domain of Texas, and.has presen-
ted himself here in various attitudes on every con-
venient occasion,"dnring the last two months and a
half. The opponents of the. amendment discovered
his snakeship, and, by dint of hard fighting, finally
succpeded in killing him. The Senate's bill passed
the House not, however without some amena-
4 - nroferich - Udnot suit the house in which it
originated, and were of course not.coneufrai lir.
Each House stood firm in its position until yester
day, when a committee of conference was agreed
on. Mr. Tankersloy, of your delegation, addedjm-
other laurel to the wreath which he had previously
won, by bis uncompromising hostility to Mr. How-
nrrl's amendment.
The next vexed question was the Land Office j
Bill, as it passed the Senate. The 2nd section pro-
vided that the Commissioner of the general Land
Office should be elected by the qualified electors
throughout the State, The Houe adopted a substi-
tute for the section, giving the election to both Hou-
ses of the Legislature. This the Senate refused to
agree to; and after a deal of running to and fro be-
tween the two Houses, in the course of which much
hot feeling and excitement was manifested, at about
9 o'clock, last night, the Senate agreed to concur.
The concurrence, however, came too late. The
House had adjourned about minutes previously,
with no expectation of such a result. Besides, by
permitting 48, instead of 21 hours, as the Senate
rules prescribe, to elapse before re considering and
concurring, its tardy concurrence is wholly nuga-
tory and of no effect. Thus the ma'tter remains.
Here, now, is the perplexjty. Some time since,
the House adopted a icsolution to adjourn on the
4h inst. It went to the Senate, where it was amen-
ded by substituting the 11th for the 4th. This the
House agreed to on Thursday last. On the 9th,
however, the Senate discovering me quanaary iu
which it had involved both Houses, rescinded this
Resolution. The House, by a decisive vote, refused
to rescind it. Unless some 'compromise is effected
to-morrow, (Monday,) that day will close the labors
of the session, without having effected, in fact, any-
thing of much importance. Some very long, and pre-
eminently important bills are not )et enrolled.
Much business might yet be brought up, if the
House would agree to rescind, and postpone the ad
journment, if only for one day. This the House is
willing to do. But there are some of its members,
and just a sufficient number ot Senators to break a
quorum, who swear oy everyimng inai is rigtu or
wrong, that they will not remain longer than to-
morrow night. To add to all other evils, too, the
chairman of the Senate's Finance committee, in
duced by some nonsensical notion of frightening
Hon. gentlemen into their duty, which has crept
into his noddle, persists in keeping the general ap-
propriation bill buried in the depths of his breeches
pocket notwithstanding it passed the House a week
since, and received his own approval in every item,
in committee, and has hitherto obstinately refused,
under different pretexts, to produce it when called
upon. Now, except in the doubtful contingency
of the session being prolonged one day, it cannot be
passed; and the wheels of the government will be
not only effectually clogged, but stopped!
What I havewiilten above, though hastily done
(the mail leaving sooner limn I expected,) is all
true. I can assure you that it gives me no pleasure
to convey to you this information; nor can 1 hope
that my mortification will bo in any degree lessened
by what to-morrow will bring forth.
Yours, fcc, S.
Austin, May 13, 1846.
- I write to you now dunng a leisure moment about
an hour after thesincdie adjournment of the House
of Representatives. JSome of the evils ofwhich 1
spoke in my last, have happily been averted, thanks
to the good sense and firmness of the House. 1 re-
gret that I cannot compliment the Senate, also.
That honorable body deserted their duty at thecrit-
VOL.
I BW
ical moment, and it devolved upon the House to
"save the State."
It is useless to give a minute detail of the last 3
days' proceedings. They will be printed officially
some day ; and, 1 do not like the office of reflecting
discredit upon those, even, who richly deserve it.
Let it suffice for the present to say that no Commis-
sioner of the General Land Office has been elected
no Senator in Congress; both of which offices will
be vacant before the next regular session of the Le-
gislature. The appropriation bill has become a law,
and the anxious members, I suppose, will now get
their pay. Mr. Howard to-day entered his protest
against the 7iou-action of the Legislature, in relation
to the public debt. It was rather a queer docu-
menta good deal longer than the moral lawr and
contained about as many reasons as there are black-
berries in May. It elicited some debate, but the
House kept itself crrdhably cool throughout, and
finolly refused to permit the proresl to bn entered up-
on the journal, by a ver decisive vote. After trans-
acting some other business of no particular inteie-u,
the House not the Legislature adjourned sine die
Yours, fcc, S.
AN ACT
Defioingf the Office arid Duties of Notaries Public
Be it enacted by the Legislature of jlteTStaTebf
Tsxas, There shall be appointed by the Governor
by and with the advice and consenrrof two thirds of
the Senate, a convenient number of. Notaries Public,
not exceeding six for each county, who shall reside
in the county for which they are appointed, and
shall hold their office for four years, and until their
successors are qualified; should a vacancy occur in
the office of Notary Public during a recess ot tne -Senate,
the Governor shall filluch vacancy by ap-
pointment, which shall continue iu force tlntil the
end of the next session of the Senate thereafter.
2. Be it enacted, "That where a Notary Public is
appointed to succeed another, his commission shall
sperify what Notary he succeeds.
3d. Be it enacted, That every person who may
be appointed a Notary Public, before he enters upon
the duties of his office, shall execute a bond with
good and sufficient security, to be approved by tl
county courts, payable to the Governor and his suc-
cessors iu office, in the sum of two thousand dollars,
conditioned for tlie, faithful performance of the du-
ties of his office; and shall also take and subscribe '
thp. oath of office di escribed bv the Constitution,
which 6hall be endorsed on said bond with the cer-
tificate of the officer administering the same; said
bond shall be recorded in the office of the Clerk of
the county Court, and depositecfin said office, and-
shall not be void on the first recovery, and may be
sued on in the name of any parly injured" fiom time
to time, until the whole amauntUhercof has been re-
uuvcicu. ? : -r . 5,
4lh. Be it enacted, Every, Notary Public who
shall be guiltyof any jvilful neglect of duly or mis--demeanor
in office, may, be indicted by the Grand
Jury of his countygand oil conviction in the District
Court, shall be removed from office. Every Notary
Public who shaliremove permanently from the
county in which he is appointedshall vacate his ,
office.
5th. Be it eii(icted,-lf any Notary Public shajl va-
cate his office in auy manner, his record books and
nil miKlin n..roro in hfo nffipji ntiflhwgpnl ftfnffin
shall be deposited with the Clerlcgof the CountyJ
Court of his county, and by him shall be delivered
to the successor of such Notary, who shall be bouudj
to pay to the person authorised to receive the samei
the reasonable value of such seal. j
6th. Be il enacted, That every Notary Publiq
shall provide a seal of office, whereon shall be en 4
graved in the centre, a star of five points, and th
words "Notary Public" "County" "of" "Tex-
as" around the margin, and he shall authenticate al!
of his official acts therewith.
7th. That Notaries Public-may take the acknowl
edgmenls of or proof of all instruments of writing
in the matinor provided for by law to entitle them tc
registeration in the office of county recorder, an
give certificates of all such acknowledgments an
Drools under their hand and official seals. Thel
may take the examination and acknowledgments c
married women to all deeds and instruments of wn
ting, conveying their separate property, and their in
teresLin the homestead, in the manner required b.
law.
8lh. Every Notary shall have power to admin-1
ister oaths, and' give certificates thereof, under hi f
hand and official seal.
9th. They may take the proof or acknowledg
ment of all instruments of writing relating to com
merce and navigation; and also of letters of Attor
nevi and other instruments of writing. Make dec
larations and protests, and certify under their hand
and seal, the truth of all matters and things done b.
virtue of their offices.
10th. Bach Notary shall keep a memorandum o
all of his official acts as Notary Public, in a book t
be kept by him for lhat purpose, and shall give .
certified copy of any record in his office to any peij
son applying theretor, on the payment oi aji leei
thereon.
1 1th. That all declarations and protests made, an
acknowledgments taken by Notaries Public, anlj
certified copies of their records and official papery
shall be received as evidence of the facts therehjj
stated in all the Courts of this State.
12th. That Notaries Public shall have power t 'i
take the depositions of witnesses in the manner proa
vided by law, and shall be entitled to the fees allow
cd to other officers for like services.
13th. That copies of all records, declarations, prrj
tests, and other official acts of Notaries Public ma
be certified by their successors with whom they ai
I deposited, and shall have the same authority as. i
certified by the JNotary hy whom tney were ongina
ly made. duly signed, &c.
S. V. PERKINS, Speaker.
A. C. HORTON, President.
Passed 12th May, 1846.
Received in Executive office, 13th May, 1846.-
Duly compared and corrected.
AN ACT
To provide for the registry of deeds and other inslru
ments of writing.
Section 1. Be it enacted by the Legislature of th
State of Texas, That the Clerks of the County
Courts of the several of this State, shall be the re
corders for their respective counties. They shal
provide and keep in their offices well bound book?
in which they shall record in a fair and legible ham
all instruments of writing, authorized or required t j
be recorded in the recorders office of their countie.c
in the manner hereinafter provided.
Sec. 2. Be it further enacted, That the seal U
the county court sh.ill be the seal of the recorder
and shall be used for the authentication of his offi-
cial actB.
I or $7 at'f he end i 1lTe y wjp
XI. NO. 2 l-WHOLE NO. 5
Sec. 3. Be it further enacted, That e&eh rweraer-jt
shall provide suitable books and presses fw'hiVoP;
fice, nnd keep regular and faithlul accounts; of"thejfi
expenses thereof, and such accounts shallbe audiL
ted by the county courtand paid out of the county'-
Treasury. ' ' 'l
Sec. 4. Be it further enacted. That it shall beiti?
duty of each recorder, to record in the book proTt--?
.dedfor his office, all de&Js; mortgages, cohveyanj.
other instruments of writing of, or cntrHixfany v
lands and tenements, or goods and chatties, or.nwvetf"
able property of any description in hisicpuaty'
which -slin.il be proved or acknowledged accortiin-g
to lawj-aud delivered to him. to be recorded'fnbi
bffice. ""
Sec. 5. Be itfurther enacted, ThateacrLrsporder:
shaUnlso record in books, to be provided fortbat f?
purposealL marriuge contracts-, and powers of attor - "
ney, and all official bonds required to be recorded l
in hiij office, and all other instruments of writing au- "
thonsed or required to be recorded irr hi& office;!,
which shall be proved or acknowledged 'according
to lawand delivered to him for record.
Sec. C. Be it further enacted, That each recorder
shall record all titles issued by the commissioner of-
'tlieGenerar Land Office, and copies tf all titles re-
coruea mnnegenerorjuana utace preseBiwjL,ujf
cord, vrovided such titles or conies are atterteoVwitS!
'-- . Kw. " T i rtff m3 ii-".J
the seal oi the general Land umce. rneynwu. ,
also record all judgments and abstracts of judgihen:t
Tendered by any court of this State, provided JSUchT
Judgments or abstracts of judgments are attested un--"
der the hand and seal of the clerk of the-coufi-here x
in such judgment was obtained. Theysbair .so
record all other instruments authorised by"IaTto --
be recorded by them which were executed previous JT
to the time this act takes effect, and which are(ac&r "
knowledged or proved in the manner proidedtfbr'SK
by-this act, or by the laws which were fa iprce Jwa ,
time of such acknowledgment or proof,allryblg j
writings shall be recorded under the same raies.ana
penalties neremauer prescnuea lor oiuBjrusjvruj
mp.tils. "' 1 i 3SStT .
Sec. 7. Be it further enacted, That acknowl
edgment of an instrument of wriunj-irtrpurritosei, ?xjfi
hi being recorded, shalLbe by thegranter, oferson fc fg,
w ho executed trie same, appearing beToresoRie officer --
authorised to takesuchacknowIedgmentd'staUng4 ?
that he had executed tffe same for thejconsldahen
and purposes" therein stated, and the officer" taMng JS
snrhnr.knowtedament sha I maKe a certincaies'1!
thereof, sign and seal-the same with his seat ofof4 j $
aec. a. lie-it iurtner, enaciea, juisr. me prouiui,. '
any instrumentiOfwritfng for the purpose of being
rei-oraea,
witttesse:
aiithorised to lake such pfooragnd stating onath
that he or they saw the granteroijpsrsqn whjoexecuji
teouch instrument subscribe fhetsame, or that the51
rgfaQter or pere6hwho executed such instrument of
writing aCKnoWieugeossiu uisoFiueir preacuto, iuuu -
he'had subscribed and executed the same for the-
purposes and consideration therein stated, and that
he or tlley had signed the same as witnesses at the
request of the granter or person who executed soch.
instrument and the officer taking such, proof shall
make a certificate thereof, sign and seal the same.
jirttk h,g wftiKinl ponl .
Seof9. Be it furthe'r enacled, That when the
subscribing witnesses to any instrument of writing f-
may be dead, or their place of residence-is unknown
or where they reside out of the Slate, an affidavit
thereof, may be made and attached to such instru-
ment after which it may be proved for the purpose
of being recorded, by the. evidence of 'the hand wri-
ting of the granter or person, who executed such in-
strument, and of at least one oftheubsenbing wit-
nesses, which evidence shall consist of the deposi-
tion of tw,o or more disinterested persons, in writing
attached to such instrument and- the officer taking
such proof shall make a certificate thereof, sign and
seal the same with his official seal.
Sec. 10. Be it further enacted, That whenever any;
grantor or person who executed any instrument
of writing or any subscribing witness toanyucnV
instrument shall appear before any officer author-
ized to -take acknowledgment or proof of such in-
struments, for the purpose of acknowledging op pro-'
ving such instrument for record, if such grantor or v-
person who executed such instrument orsubslcribing
witness, shall be personally unknownjosiich officer,
his identity and his being the persoohe .purports!
to be on the face of such instrument of writing "
shall be proven to such officer, which proof may
be made by witnesses known to the officer ortne
affidavit of such grantor or person who executed-
such instrument, or subscribing witness, i'Suchofs t
ficer shall besasisfied therewith, whichproofojrguji-
davit shall be also endorsed on such instrament'oL
writing.
Sec. 11. Be it further enacted, That the proof or
acknowledgment of every instrument of writing, for
record shall be taken by some one of jthe following-
officers : First when acknowledged or proven
within this Stale before some notary public or clerk
of the County Court of any County in the State;
Second when acknowledged or proven without .
this State and within the United Slates'or theiriter-
ritories before some Judge of a 'court of recordj hav-
ing a seal: Third when acknowledged or proven,
without the United States before some public minfs-
ister, Charge de Affaires or Consul of the United,
States, and in all cases the certificate of such ac-
knowledgment or proof, shalll be attested under
the official seal of the officer taking the same. r
Sec. 12, Be it further enacted, That when any
instrument of writing authorised by law to be re-
corded shall be deposited in the recorders office for
recbrdjif the same shall be acknowledged; orprced
in the manner prescribed by law, for record, the, re-
corder shall enter in a book to be provided. for that
purpose in alphabetical order the names of thejpar-
ties and date and nature thereof, the time "of deliv-
ery for record and shall give to the person dep6Viting
ihe same, if required, a receipt specifying the partic
ulars thereof.
Sec. 13. Be it further enacted, That each' recor-
der shall without delay record every instrument of
writing authorized to be recorded by him which is
deposited with him for record, with the acknow-
ledgments; proofs, affidavits and certificates vrfr-
ten on or attached to the same, and all other papers -referred
to and thereto annexed in the order and as of
the time when the same shall have been deposited
for record by entering them, word for word, and
letter for letter, and noting at the foot of such record
all interlineations, evasurcs and words visibly writ-
ten on evasures and noting at the foot of record, the
hour and the day of the month and year when the
instrument so recorded was deposited in his office
for record.
Sec. 1 1. Bo it further enacted, That every such
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Reference the current page of this Newspaper.
Moore, Francis, Jr. Democratic Telegraph and Texas Register (Houston, Tex.), Vol. 11, No. 21, Ed. 1, Wednesday, May 27, 1846, newspaper, May 27, 1846; Houston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth48413/m1/1/: accessed May 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.