Democratic Telegraph and Texas Register (Houston, Tex.), Vol. 11, No. 38, Ed. 1, Wednesday, September 23, 1846 Page: 1 of 4
four pages: b&w; illus; page 24 x 36 in. Digitized from 35 mm. microfilm.View a full description of this newspaper.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
.r24.
DEMOCRATIC TELE RAPH AND TEXAS REGISTER.
rr-
Cf
, fJiTpE tg.iJE Sji " auu,c.
-W
SfCft iG-ER & MOQRE.
PU 13 u IS d e. D FY C RTJ-GJS R & MO ORE .
SoBscaiPtioK. per l2inonths "or 52 nurubeis, $5 00
A . .i ' G ' 26 " - -- -3 00
fCi'icv
3 . " ia
2 00
13
li
- single psrpef, -
i-a-fe-.Vfltreitiwill be given for'subscriptions.
iA.im:aTsiNG, 1st insertion, - -jper square, $ I O0
- "' 2d and subsequent insertion, " - - 50
-s" ' v Political cards, each' insertion, - --. 4-00
,t ' ? Announcement ofCandi"datesp.eranno 10 00
$Adtscountof lOpercent'oatheaboVeates willlbe made fo
sheriff?, on, all legal notices.
'Persons desirous ot advertrsing.by the quarter can do-soon
ihVfohowing terms: Per 4 squares, with, the privilege of
changing 2 squares each weekyjtper Quarter, S25; 5 squares,
changing 3 each week, 830; 6squares, changing 4 eachsveek,
35. .
Ailadrertisementssentwlthouljorifsninstructions will un
less sooiier forbid, be inserted six months, and charged accor-
dinrlyi "
No personal-advertisements will be inserted upon any terms.
No credit will be givinlo any transiepladvertber, under auy
circumstances. - "
The above terms are rated in specie or its equivalent, in
Tex-is or spates paper..
-Cheerfulness. It is-belter tqtread the path of life cheer-
fully, skipping Irghtly over the tnojnsanil briarslhat ob-
struct your way, than lo sit down -under every hedge
famentinigyour hard fate The.lhread of a cheerful-man's
life spTtrs oul much longer than thatofti manwho is coo
ttnudlly sad and. desponding. . Prjident conHuctan tk&iojj;
cerfw-o-f-rfrrsHrf c"iT h'tshTy nPceasaTy-pbrrlstrsssuc"
ceerf, diction and despair will not afford relief. The best
thins to be done when evil comes upon us, is notlamenta
uonTlbutaction ; not to sit - and suffec, but to rise and setk
the "remedy. :
. nKe.rJiTsatisfied Nobodv is satisfied in this world. If
a leffnev is left a muir he regrets it is not farger. If h
finds sunvpfirtonf-yrhe srnrcrus-tht spol-for more. If
t ' i .-.il . ... IitU nlh.a Via tifioh.D frii-o nnttnp
nii-JSSllC' KJ IIIIIC I1ISJU UlIH-G, '- iriOll'iJ IUI II UtHi;i
one;r If ht is rich and wants fornothtng, he strives for
mole wVilV If he- is a single man. hp js looking out for
awtfc,. and-iniTird, or children. Man isliever satis
-" THIctLarg& Copper RocL The .huge mass fit solid
cjjfee?"jn theshfi of tbe Copper Palls 'Company isyet
wluloufend 'Qhetportion exposed so ar," mensures ten
fenn iHigth bynmein depth, and averages one foot in
thi kness. it is estimated to tiuasme iwentyftvi cubit-
feet of pu "Oj , uid to weigh 22 500 lbs HoiV much
more of th- rock there map be, Isjrct. unknoivn. TThe
famous OnionagJin rock nq,vat Washinsfon, weighs only
3,703 lbs., nell avoirdupoisr Lake Superior News.
, r
SGullurtof Tei Th,; E"r-nch have introduced, it is
.said'with flittering prosppct5? of success, the culture of Tea
into'Ffance, and have also uttempled to introduce it into
A'lgiersa'In tbe wide space occupied by the Kingdom of
Ecance'ano? by its possessions in Africa, the experiment
wiTlfhaveVufficipnt range for the choice of the soil and cli-
mate which shall be found 'best adapted to the culture.
The experiment, thus far, it Is said, has been most success-
ful in France, but the -cjimate in Alters has proved too
hxt
Like Superior SeTveral citizens returned yesterday
fro;n Lake Superior, fulf of the most enthusiastic accounts
of rtcent mineral discoveries One jjentleman brought
lown for iMr. Wm. Ward, of Boston, a single piece of
native silvpr from Eaglp iver location, weighing nearly
7 poundsi So soon ne we can get a rational account we
shall puolish a statement of th- new discoveries on several
locations Th'-rehnn doubt that the prospects of many
companies arc ol the mesi flauering kind Detroit Adp.
-UueLUT.srfune.tiliir-- lLhtnetlv-
TTfc w"P -- .T
-character-ofrlhe-difB'
cultieswftiich '"sometimes leaS to'de.adly cornbat,-ought'to-
in row tne wnoie system into a naicuie. come one nas
collected some examples, and recounts them as follows:
Points of Honor Co Itfontgoraeiy was shot in a duel
about a dog: Captain Ramsay in one bout a .servant;
Mr.Fetherslon in one about a recruit; Steam's father in
one about a goosey and another gentleman in one about
'ari acre of anchovies" one officer was challenged for
merely asking his opponent to enjoy the second goblet ;
and another was compelled to fight abouta pinch of snuff;
General Barry vas challenged by a Captain Smjttff for
decTinineaglassof wine with him at dinner in a steamboat,
elthough-the general had pleaded as an excuse, that wine
in'vtriablanade him sick; anti -lieutenant Crowther lost
bisJife in:a durl because he was refused admittance to a
clubiofpgeon shooters.
JTfiurlaw and Rosslyn. Lord Thurlow survived his
luckyTmaVmore tran.a twelvemonth, and on bearing of
his,death at-Sath, said-candidly'Well, i hated.the fellow;
b could p'arlezjvou better than I could ; but he was a
gentleman! His dislike afterwards vented itself in a bit-
tei gibe. Being informed, we know not how truly, that
George the Third, who nad been laboring under mental
hallucination, exclaimed on Lord fiosslyn's death, 'I "have
lost, -then, the greatest scoundrel in my dominions,"
'Said heao!" exclaimed Lord Thurlow: "then by he
is sane!' " TownsendU s Lives of Twelve Eminent
Judges.
Egypt- The project ol cutting a canal across the Isth-
mus ol.Suez is attracting a great deaTof attention both in
England and in Egypt
- By our advices Irom Alexandria, we learned that a
ycun'Arab, who, having studied engineering in Europe,
i had' returned to Egypt gnvu it agrhis decided opinion that
fe. a canal would be-preferable to a railroad, the question
baviiuj been seriously put to him by the Pacha. The
moat prjctKMlxbvt:TvjtionSieiii3 ro hate been elicitud by
t!L fMjoft ol VI. Adeluhe Linuaut, a French encineeri who
hsnow berTo several years in tneerviceof Mehemet
AA i TlTe results ol an -ldboraie survey of the Isthmus
byjfys gentli-muu are, that tii nature oftheoil and the
ch-.iV. cf thiJakes present gjvin faclillits Lir encdvuting a
canal ; thflfttri- It d aeSuezbeiniiTeKUfghTrnrdn
the Medit-'raii -nn t Peluslum, the water letinlo the ca
nl ivould tor .n prip-tual current flowing with ore.n
velocity; dad that a bn-ak water or pier -mightbe con-
structid.oi the ba. formed at the embochure of the canal
in theJHeditermnean, to shelter vessels anchoring off its
entrance. On-his report Mr-Anderson has based the
remarks which he makes in one oi the pamphlets devoted
to the suDJert, and, aft.T pointing' oul the political motjves
. which should induce the various European Powers to fi
Tor the scheme, and the obvious advantages which would
result fronl the use of a shoapassagelo-theEast, by which
gods might be conveyed, instead of tbe circuitous route
by th Cape of Good Hope, he makes an estimate of the
re nue From the recogrfrzed data, he sets down the
totl dfumal umount of Maritime trade between Europe
and ih plares-eastward of Egypt at 26,000,000, which
wmdfs imports and exports; and the total shipping at
l.OOO.OOCTi tons per annum. Mr Anderson reckonshe
merenpndize to pay only one half per cent, which is the
present reduced rate established by the Pacha, and which
would produce a revenue oj 50 000 To this he would
add a toll of 8s per ton. which he thinks would nytbe ob-
jected to, considering the saving of upwards of a month's
wages, wpar and te.. provisions, dec; and setting down
only one quau-rxf the total shipping, say 550,000 tons,
heobtains 1U0.000, which wi-h lhlr50 000. and ano-
tber 30.000 allowed for passengers, mail transit and par-
cels, makes a total annual revenue of 200,000, or 5 per
cent on acapital of 1.000.000.
Yankee Spirit. An illustration of true Yankee-spirit,
which occurred in the,army, is related in tbe Delta, of
New Orleans. Four young men from Maine found, that
by enlisting and observing while in thp army a rigid sys
iem of sobriety and economy, they would rather improve
man dissipate their fortunes. As comrades they entered J
HOUSTON
the armv. and as comrades thev cnntfnnpH in if Aninn
their duties like good soldiers, but husbanding their pay
like provident men who looked forward- for a thereafter.
The lerm.oflheir enlistment expired a fevv "days before
the baffle of Palo Alto, and Ih'ey were paid and discharged
They had, each-of them, some three or four hundred dol-
Jars, which with their thrift, intelligtncet and industry,
was a capital quite sufficient to insure them an independ-
ence in the lumber business of their native state. On learn-- '
in.g tbdt a battle. was expected in a few days, they again
deposited their moaey with" the paymaster, askedpermis-
sionlo take their old place in their respe:live companies,
and besuffereri to take part in the performances as long.as
they la'sted.. Their request was granted": they nobly sus-
tained their parts in the military dance of tbe two glorious '
days the 8thqnd9th of May, Thefdeadly strife over,
they called for their tgmporariIy.deposited pay it 'Hvas
cheerfully givjeajthem; the'y bade a long farewell to-the
' pwde, pompt, and circumstance of glorious war, left on
board the first boat, and are by this lime " up to their
eyes" in the, lumber .business m the state of Maine.
correspondent of the "Boston Post, "writing -from the-Lak'e-
Superior region under date of 'the lith of tJulyf
says: "The water.3 of the lake 'are as. cold and transpa- ,
rent, as'though they s.prungrom a living fountain, and "
except a few swarms of minute fishlets, their margins ex-
hibit no sign of animallife. Everywhere there are rocks
or pebblesvJ3raueach.of white eand-nfew rctisaydev.and
iiicu u uaua u'cigiuwu uy uic piu y iuicsi. iu iiiauv J"i-
ces groups of tall cedars reach out over the narrow shore,
like so many alders"over abroolc; under onp of these near
by I have written most of those letters I have bathed in
the lake, every day, but.it is so cold that a'few plunges are
quite enough Tdr me, n'nd I am convinced that I could not -swim
a mile without being chilled to death. Most of the
men complain of illncssfromtheuse of the. water,. but L
have hitherto escaped, and hence I fancy their troubles
only arise from change of diet and the excitement "of no-
velty? m '
THE RICH AND THE POOR',
CAUSE OF ILL-WILL". y
"Well, whiles I ama beggar, I will rail
And say Mfherelis no sin but to be Rich:
And being richpiny virtue then shall be
To say, there is no vice but Beggary."
-SHAKSPEARE.
How true and natural are the above lines, and every
day's experience btit idds to the truth of them. Who but
oftheBardof all timecould have cmbodiid into with brevi
ty the always existing feelings of the two different classes of
mankd Here he hplds up the mirror wherein pverv
man may see reflected hisMmage, with discontentmarked
thereon. Whence this gloomy-looking impress of dis
content, and how came it there? Let us look at the cause
of such a disfigurement of the beautiful creation. Pause
but awhile, Sons of Earth I and think what ye are. Is
this world the only sphere of your action, that you should
be always longing forachange of your condition? Know
von not that hanniness is independent of wealth The rich
!man whoTlives's well and ridps in his beautiful carriage is
iui u uc:cuicu, iiuiia ne nuppier iuau mi- imru-wortting
mechanic, He like'hw brother lhepoor man,want3
something he can'frpacn; he has an aching void an-un-saiisfied
desire. This is the chief cause of our ill a Jonging
to fly to something we know not of. And the only way to .
be happy is to forget our condition, and seek to be content
ed with it by moral and intellectual culture. Let us not
look outwurdly for the remtdy, but inwardly. Within we
have -a world ternal and wonderfully made, not by man,
butGodj Let us seek to improve it by culture, bv rulinar
tbe-passionSTHnd curTuncTraHriealfes; ftlmje-ftof;Q,
'work, nor is his usefulness in this life limited. The condi
tions oflifeare but incentives to a holier and better work,
and recollect that misfortune and adversity are our dowry,
and to us it Is given for improvement of our. virtues and
affections. Let us, then, think of the object of our being,
not to bate the Rich nor despise the Poor: each has his
worlctodo here, and the conditions oflifeare hut the
means of action.- And when we come to view the diffe-
rent conditions of life as a divine act, wepannot but admirf i
the wisdom of our Heavenly Father. He has made us
and placed us where he intended, and for the developemerj t
of faculties the fruits of which we know nothing of in thi s
world, but as the great future will reveal to us. To th e
Poor man we would say, Be contented with your lot, fo r
you know not what it may be productive of There'is a
hand that directs all things invisible to us; be not stubborn
but yield tolts guidance. Let not your vision belimite-d
1o the palaces and equipages of the Rich, but rather lei it
penetrate the clouds and look npwara to the place eternal .
not built by tnan. To the Rich we would say, Love thi
Poor, help, and assist them ; they re your brethren
you know not but they may be the means of vour lasting -happines,
and look but on Natuieand see how the smallest .
and most indifferent plant is cared for as much as the lofty
oak. Look at the analogy and learn from Nature a lesson
of usefulness. To the Rich and tbe Poor we say, Think
of the end of your being the present is transitory, the
future is lasting. Be contented with what vou have.'anc I
cultivate that Heavenly virtue, sweet Content.
A'toarning to' Parents, Parents cannot be too careful1
of their infant children. We but too frequently hear of
accidents occuririg from placing them in the hands of igno
rant and stupid nurses While in this helpless condition,"
they are so liable to be injured, and often materially, that
parents cannot be too watcnfuL The following circum
stances should serve ns a warning
borne time ago. a grand daughter the Rev. Jonathan
Newman, of this parish, about two years of age, it was dis-
covered, had swallowed something which threatened its
life All atl-mpts to extricate it from its throat proved
unavailing Various experiments were resorted to, but
without effTt. In this pm'nful situation it remained for
stvei.il w eks, whVn Mr. N brought it over for the exami
nation of our phjsicans. An emetic was recommended.
Fearful that some accident might occur from following the
prescription, Mr N concluded that, inasmuch ns he had
waited thus long, it would be prudent to wait a few days
longer, and see if Nature ivould not make some effort to
remove the obstruction. This course proved correct.
Not pianydavs afterwards, the infant coughed it up, when
it was discovered that it was a large brass ring, about three
inches in diameter. It had been origindlly cut out ofthe
case of a brass watch and thrown on the floor, when the
nurse picked it up, bent it into the shape of a ring, and
gave it to the child to play with. Incredible as it may np-
pear,this ring remained in the infant s lhroatbr( sixdays!
It has been-placed in our hands for the inspi etion of those
who may desire to see it. Monroe (La ) Courier.
The Moon in Lord Rosse's Telescope. Dr Scoresbi,
of Ireland, whose admnuble discouiss on AsUonomy
have been arranged after the examination of the stellar
system, through the magnificent instrument of Lord Rosse,
remarks in a recent lecture, that with regard to the lunar
orb, every object on the moon's surface is now distinctly to
be seen; and, he. had no doubt, that under very favorable
circumstances, it would be so with objicts sixty feel in
height. 0 its surface were craters of extinct volcanoes,
rocks and masses of stonis almost innumerable. Hehad
no doubt whatever that if such a building .us he was then
in, were upon the surface of the moon, ft would be render-
ed distinctly visible by these i: struments But there were
no signs of habitations such ns ours no vestiges of aichi-
tectural remains to show that the moon is or i ver was in
habited by a race of mortals similar tonuis'lus It pre-
sented no appearand s which could Imd to thi supposition
that it contained anything like the green.fields iind lovely
verdure of this beautiful world of ours. 'I here was no
water visible not n sea or a river, or even the measure
JP-ublished Weekly.
EDWESDAYSEPTEMBKR
fa reservoir for supplying town.or factory all seemtd
essolate," Hence would arise the reflection im'he mind of
le Christian-philosopher why had this devastation heen?-
i might be-further inquired was it a lost world ? Had'it-
uffered.for its-transgression ? Analogy might suggest the
juestion had hvmetlhe fate which Scripture told us was
eserved for our wot Id? It was.obvious that all this was
liyslerious conjecture. ,
' AN ACT
To protidc for the Registry of Deds and other" Instruments of
Writing.
Section 1. Be it enacted by the Legislature of the State of
Texas; That thVclerlis of the county courts of thfr several counties
.f this Staje"shnll be the recorders for their several counties ; they
hall provide and'keep in their offices well bound books, in which
they shall record, in a fair and legible- hand,allinstruriients.of wri
lrig authorized or rtquired to be recorded jn the recorder's orace
of their respective counties, in the manrfer hereinafter provided. .
-Sec. 2. Beit further enactVd,-That the seaPoT the county court
shall bo .the Seal of the, recorder, and shall be used for tbeautuen-
tication of Jus official acts- . " ' T'V
Sec. 3. Be it further enacted, That each recorder shall provfde
suitable books and presses for his office, and keep regular and faith.
lul account of the expenses thereof, and such accounts shall be
audited by the-courtly court and paid out ot the county treasury.
Sec. 4. Be it farther enacttfU. That it shall be the duty oPeach
recorder to record in the books provided for his office, all deeds,
mortgages, conveyancestieeds of trust,' bonds, covenants.defea-
jances, or other fnstrnments of writing, of orconcerntng any lands
.ind tenements, or goods and chatels,.or moveable property ot any
description, in his-countyvthjchbalLbe proved or acknowledged
according-io law, and delivered to him 'to be'recordedfn his office.
Se.c- 5. Be ilfur.fher enacted, That each recorder shall ajsp re-
cord in books to be provided Jor that purpose, all marriage- con"
tracts and powers of attorney, and all official bonds, required to be
recorded in his .office, find all other instruments of wrliiru: authori
zed or required to be recorded in his office, -whlch'shall be provecT
or acknowledged according to law, and delu ered jo him ior.record.
Sec. fj. Be it further enacted, That each recorder shall record
all tides issued by the Commissioner of the General Land Office,
and copies of all titles recorded in the General Land Office, pre-
sented for record : .Prodded such titles or copies are attested with
.he seal of the General Land Office. They shall also-redord all
'udgmentsand abstracts of judgments rendered byyiny court of this
rftate : Provided, such judgment or abstratts of judgment are at-
Tested under ihe hand and seal of the clerks of the court where such
I udgment was jobtained. They shall also recdrji'alUother instru.
menis auinprizoo Dy law to oe rccoraea oy inem-wnicn were exe-
cuted previous to the time this act takes effect, and which arc ac-
knowledged or proved in the manner provided for by this act, or
by the laws which vre in fore eat'' the time of such acknowledg-
ment or proof, all of which writings shall be recorded under the
tame rules and penalties hereinafter prescribed for other instru-
ments. Sec. 7. Be it further enacted, That the acknowledcmer.t of an
instrument of writing for the purpose of being recorded, shall be
.oy the grantor or person who executed the same, appearing before
some officer authorized to take such acknowledgment, and stating
that he had executed the same for the consideration and purposes
therein stated ; and the officer taking such acknowledgment shall
.nakc a certificate thereof, sign and seal the same with his seal of
ornce.
Sec. 8. Be it further enacted, That the proof of any instrument
of writing for the purpose of being recorded, shall be by one or
more ofthe subscribing witnesses personally appearing before somo
nffirpr mitfinripH tn tnlco snti nrnnf. nnfl stntinrr nn nnth thnt tin
. ,..-., a
jor they saw the grantor or person who executed sucn instrument
subscribe the same, or that tne grantor or person, who executed
I such instrument of writing acknowledged in his or their presence,
1 that be had subscribed and executed the same, for the purposes and
1 consideration therein stated, and that he or they bad signed the
same as witnesses, at tbe request of the gran'or or person who
executed such instrument, and the officer taking such -proof shall
make a certiiicate thereof, sign and seal the same with his official
seal. ' ..
vSee. 9. Re it fnrther enantp.d. That when the subscribintrwit.
neases to any instrument of writing may be dead, or their place of
residence unknown, or wnen tney reside out or ine state, an am.
, davit thereof may be made and attached to such instrument ; after
whick it may be proved for the purpose of being recorded, by the
evidence of the hand writing ofthe grantor or person who executed
such instrument, and at least one of the subscribing witnesses,
which evidence shall consist of the deposition of two or more dis-
interested persons, in writing, attached to such instrument, and
the officer taking such proof, shall make a certificate thereofjsign
and seal the same with his official seal. -
Bee. lu. tie it further enacted, -That whenever any grantor or
person who executed any instrument of writing, or any subscribing
witness to any such instrument, shall appear before any officer au-
i thorized to take acknowledgments or proofs of such instruments
for the purpose of acknowledging or proving such instrument for
I record, if such grantor or person who executed such instrument, or
aubsenbing witness, shall bo personally unknown to such officer,
his identity and his being the person he purports to be on the face
of such instrument of writing, shall be proven -to such officer,
J which proot may be made by witnesses known to the officer, or
the affidavit of such grantor or person who executed such instru-
ment, or subscribing witness; if such officer shall be satisfied there-
with, whlcrfproof or affidavit shall also be endorsed in such instru-
ment of writing.
Sec. 11. Be it further enacted. That nroofor acknowledgment
j ot every instrument ot writing tor record, shall be taken by some
I ono of the following officers: First, when acknswledged or pro-
ven within the State, before some, notary public or clerk of the
f county court of any county in the State. Second, when acknowl-
j edged or proven without tha State, and within the United States
1 or their territories, before some judge of a court of record having
fa seal. Third,-when acknowledged or proven without the United
States, before some public minister, charge de affairs, or consul of
, the United States, and in all case3 the certificate of such acknow-
j ledgment or proof, shall be attested' under the official seal of the
I officer taking the same. C i "
Sec. 12. Be it further enacted, That when any instrument of
writing, authorized by law to be recorded, shall be deposited in the
recorder's office for record, if the-same shall be acknowledged or
proved in the manner prescribed by law.for record, tbe recorder
shall enter in a book to be provTdcd for that purpose in alphabetical
order, the names of .the parties and date aud nature thereof, the
time of delivery for record, and shall give to the person depositing
the same, if required, a receipt specifying the particulars thereof.
See. 13. Be it further enacted,' t'hateach recorder 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 written 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 de-
posited for record, by entering them word for word and letter for
letter, and noting at tne loot ot such record all interlineations, era-
sures, and words visibly written on erasures, and. noting at thefrfot
of the record, the hour and the day of the month and year when
the instrument so record was deposited in his office for record.
Sec. 14, Be it further enacted, Thai every such instrument of
wining Miiau ue consiaerca as recoruea irom mo lime it wasueposi-
ted for record, and ih recorder shall certify, and attach to every
such instrument of writing so recorded, the hour, day, month and
year when he recorded it, and the book and page or pages in
which it is recorded, and when recorded deliver the same to the
party entitled thereto, or to his order.
Sec. 15. Be it further enacted, That each recorder shall provide
and keep in his office a well bound book, and make and enter
therein and index in alphabetical order, to all books of recods w here-
in deeds, mortgages and other instruments of writing concerning
lands and tenements are recorded, distinguishing the books and
pages in which every such deed or writing is recorded.
Sec. 16. Beit further enacted, That such index shall contain
the names of theseveral grantors and crantees in alphabetical order;
and in case ihe deed be made by a sheriff, the name ofthe sheriff
and the defendant in execution; and if by executors or adminis-
trators, their names and the names of their testators or intestates;
and if by attorney, the name oi such attorney and his constituents :
and if by a commissioner, the name of such commissioner, and the'
perron whose estate is conejed.
Sec. 17. Bo it further enacted, That each recorder shall, in like
manner, make and keep in his office a full and-perfect alphabcti
cat index to all books of record in his office, wherein all instru.
ments of writing in relation to goods and chattels, ormoveablo pro
perty of any description, marriage contracts and powers of attor-
n ej, and all instruments of w riling authorized or required to be re-
corded in his ofiiL-c, are recorded, and a hkej;index ofall ihe
b ooks of record wherein official bonds are recorded, the names of
tl te officers appointed, and of the obligors in any bond reedrded,
niod a reference to tbe book and page where the 6amc are recorded.
Sec. 18. Be it further enacted. That if any recorder to whom
any instrument of writing anthorrzed to be recorded by him, and
proved and acknowledged accoiding to law, which shall be dehvei-
edl.lor record, shall neglect or refuse lomako any entry thereof, or
gi v receipt therefor, as required by this act, or shall neglect or re
fi iso to record such instrument- oi writing within a reasonable time
a fier receiving ihe same, or shall record any instrument of wruing
a fleeting the same property, or any part thereof, beforo another
first deposited in his office, and entitled to be recorded, or shall re-
c ord .any such instrument incorrectly, or shall neglect or refuse to
p rovide and keep in his office such indexes as required by tins act,
li c shall forfeit and pay any sum not exceeding fic hundred dol-
1 irs, to be recovered on motion in life district court, one half to
t'le use of the county, and the oilier half to the use of the person
ho shall sue for the same.-such clerk having three days notice of
s Jch motion, and-shall also be liable to the party for all dimiages
Ire may have sustained thereby, to be recovered by suit in the offi-
cial bond ot such recorder, given by him as clerk of the countj
c ourt, against such clerk' and his securities
Sec. 19. Be it further eincted, That this act shall take effect
and -be in force from and after the second Monday in July, 1816 ;
anid'from and after tl at time, all laws and parts of law g confia ting
VOL.
23, 1846.
with the provisions of this act be, and the same are hereby repealed.
Approved, 12th May, A. D., 184b.
AN ACT '
Defining the'Office and duties of Sheriffs. - -
Section 1. Be it enacted, by "the Legislature ofthe Stale of
Texas, That there shall be elected by the qualified electors of
each county of this State, one sheriff, who shall hold his office for
two years, and until his successor shall bo elected and qualified.
Should a vacancy occur in the office of sTieriff, the chief jus'tice or
other officer shall immediately order an election, to i fill such vacan-
cy, giving at least fifteen days notice ; and the person so elecfed,
after he shall qualify as directed in this act, shall discharge the'du-
ties of sheriff fdt the unexpired term of his predecessor.
Sec: 2 J3e it further enacted, That every person, who may be
elected to tire office of shenffshall, before entering upon the duties
of his office, givo a bond with two. or more gogd and sufficient se-
curitiee, to be approved by the county court ol his county, for such
sum as rr.ay be directed by such court, not less than iive nor more
than thirty thousand dollars, payable to the Governor and his suc
cessors in office, conditioned that ho will account for and pay over
to the persons authorized by law to "receive the same, all fines," for-
feitures" and penolties that he may collect "for the use ofthe State,
or any county within the State, and that he will well and truly exe-
cute, and due return make of all "process and precepts to him law-
fulljfc directed, and pay over all sums of money collected byhim
by virtue ofajiysuch process'or precepj, to the persona to. whom
tlip same are due, or their lawful attorney ; and that he will faith-
fully perform oil such duties as may be required of him byilaw;
and shall also take and subscribe the oath of office prescribed by
the constitution, which shall be endorsed on said bondtogejher
with the certificate, of the officer administering Ihe same,. which
bond and oath shalljberecordcd in the office ofthe clerk ofVihe t
county court, ancl 'deposited in Said office. Said bond shall not be
void on the -first recovery, but may be sued on from time to time,
in the name of any person injured, until the whole amount thereof
isrecovered.
Sec 3. Be it further enacted, Tha whenever any ofthe secu-
rities of a .sheriff shall die, remove permanently from the State, or
become insolvent, or whenever the county court shall deem the
sheriff's securities to be insufficient, said court shall cite said
sheriff to appear at a timo to be named in such citation, not less
than twenty nor more than thirty days after issuing'such citation,
and give a new bond, with good and sufficient secrity: and if
such shenffshall neglect or refuse so to do, his office shall be do
clared vacant, and election ordered.
Sec. 4. Be iturtber enacted, That whenever any person elect-
ed sheriff shall neglect or refuse to give bond'and take the oath of
office as required by"thisf act, within twenty days after nojireofhis
election, the office shall be deemed vacant, and election ordered.
Sec. 6. Be it further enacted, That sheriffs shall hae power,
by writing, under their hand and seal, to appoint one or more de-
puties for'their respective counties, to continue in office during the
pleasure ofthe sheriff, who shall have power and authority to per-
form all the acts and duties required of the principals ; and every
person so appointed, shall, before he enters upon the duties of his
office, take ond subscribe iho path of office prescribedby the con-
stitutfon, which shall be endorsed on his appointment, together with
the certificate of the qfficer administering the same, and such ap-
pointment and oath shall be recorded in tha office ofthe county
clerk and deposited fn said office.
Sec. 6. Be it further enacted, That sheriffs shall bo responsi-
bleforthe official acts of their depnties.jand they shalLhave power
to require from their deputies such iToniJiind security as'th'ey may
deem necessary; and they shall haNetrie same remedies against
their deputies and securities as any person can have againsta sher.
iff and his securities. .
Sec. 7. Be it further enacted, That each sheriff shairbe a con-
servator of the peace in his county, and shall arrest all offenders
against the laws ofthe State in his view or hearing, and take them
before the proper court for examination or trial. He shall quell
and suppress all assults and batteries, affrays, insurrections, and
unlawful assemblies. He Bhall apprehend and commit to jail all
felons and other offenders, until an examination or trial can be had.
Sec. 8. Beit further enacted, That each sheriff shall execute
all process and precepts directed to him by legal authority, and
make return thereof to the proper court on or before the day
to which the same is returnable; and any sheriff who shall fail so
to do, or who shall make a false return on any process or precept,
shall, for every such offence, be liable to be fined by'the court to
which such process is returnable, as for a contempt, in any sum
not exceeding one hundred dollars, at the discretion ofthe court,
which fine shall go to the county treasury, and such sheriff shall
also be liable to the party injured for all damages he may sustain.
Sec. 9. Be itfurther enacted, That every sheriff, when execu-
ting any wnt of capitis in any criminal or penal cases which may
by law be bailable, repleviable ? may take from the defendant a
bond and security to the State, in any sum not less than one hun.
dred dollars nor more than one thousand dollars, conditioned that
he will appear at tbe district court of the proper county. at tho next
term thereof, then and there to answer the charges exhibited against
him, and that he will not depart therefrom without leave of th 8
court, which bond shall by the said sheriff be roturned and cerufied
to the proper court.
Sec. 10. Be it further enacted, That whenever a sheriffor any
of his deputies shall meet with resistance in the execution of any
legal process, they shall call to their aid the power of thecounty,
and any pereon who shall neglect or refuse to aid and assist any
sheriff or deputy in the execution of any legal process, when sum-
monedso to do, shall be deemed guilty of a contempt of court, and
shall bo fined in a sum not exceeding ten dollars, to be recovered
on motion of such sheriff or his deputy, and proof of such neglect
or refusal, before the court from which such process issued, three x
days notice of such motion being given to the party accused.
Sec 111 Be it further enacted, That the sheriffs shall be tEo
keepers oDihe jails of their respective counties, and they shall re.
ceive into'custody and safely keep, subject to the order of tho pro.
per court, all offenders against the laws of this State, who shall be
committed" totheirhargo by any lawful officer, for any offence
committed in their county.
Sec. 12. Be it further enacted, That sheriffs be allowed fifty
cents per day for the board ofall offenders committed to their cus-
tody, and all other reasonable expenses for the comfort and safe
keeping of such offenders, to be audited by the county court, and
paid out of the county treasury ofthe county where the offence
was committed with which the prisoner stands charged. "
Sec. 13. Beit further enacted, That each shenffshall attend
upon all district, county apd probate courts for his county, and in
counties where the supreme court shall hold its sessions, the sher-
iffs of such counties shall attend upon tbe supreme court.
Sec. 14. Be it further enacted, That every sheriff and deputy
sheriff shall endorse on all process and precepts coming to their
hands, the day on which they received them, the manner in which
they executed them, the day when they executed them, and shall
sign their return officially.
Sec.15. Be it further enacted, That when any sheriff shall,
from any cause vacate his office, all unfinished business whatso-
ever in his hands, shall be transferred to his successor, and com-
pleted by him in the same manner as if commenced by himself.
Sec. 16. Ba it,further enacted, That every sheriff who shill be
guilty of any willful neglect of duty, corruption, partiality, or any
other malfeasance in office, may be prosecuted by indictment be.
fore tho district court of his county, and on conviction, shall be re-
moved from office.
Sec. 17. Be it further enacted, -That it shall be the duty of each
sheriff, on or before the first day ofthe district court of his county,
to make out a statement of all monies by him received or collected
on fines, penalties and forfeitures incurred, orjudgments tn behalf
ofthe State, and piid over by him to the district attorney for the
State, stating particularly in what case it was collected or received,
and to report the same to the comptroller of public accounts.
Sec. 18. Be it further enacted, That this act shall take effect
and be in force from and after the second Monday in July next,
and that from aud after that time, all laws and parts of laws con-
flicting with this act be, and the same aro hereby repealed.
Approved, 12th May, A. D , 1846.
AN ACT
To create a Land District, composed of the Counties of San Patri-
cio and Nueces.
Section 1. Be it enacted by tho Legislature of the State of
Texas, That the counties of San Patncio and Nueces shall com-
pose one land district, and the surveyor for said district shall be
elected by the qualified electors for said countn-s, and shall keep
his office at the county seat ofthe county of Nueces ; any law to
ihe contrary notwithstanding.
fcec. 2. Ho it further enacted, That this act be in force from and
after its passage.
Approved, 13th May, A. D., 1S1G.
AN ACT
To provide for the issuing of Patents to the assignees of good and
genuine unconditional cadnght Land Certificates.
Sccuon 1. Be it enacted by the Legislature ofthe State of Texas,
That the Commissioner of the General Office be, and ho is hereby
eouired to issue oaujnts to and in the names of the assignees of all
unconditional headnght land certificates, issued in conformity to
law,.by any of tbe boards of land commissioners of tho Republic or
State of Texas, upon such assignee presenting a sufficient and
properly authenticated cnain oi iransier, assignment or oougauon
for title, oru powcrof attorney showing such transferor assignment
from the original grantee down to the assignee.
Sec. 2. lie it turtlicr enacted, that this act take cliect and be
in force from nnd after its passage.
approved, 12th May, A. R, 1846.
AN ACT
Defining the office and duties of Notaries Public.
Si'dinn 1. Re it nnncicd bv the. Legislature of the Stntft
u. ....... .. - .- j 0 .
of Texas. There shall be appointed by the Governor, by
nnd with the advice nnd consent of two thirds of the Senate.
a convenient number of notalies public, not exceeding six
for each county, who shall reside in tho county for which
they arc appointed, and shall hold their office for four
or $7 at the 'end 1 llie year
OMJ. 38--WHOLENO. .'!,,
years, and untiUheir successors are qualified. Sbould;a-,
vacancy occur in lheofficeof notary public daring lb
irecess of tho. Senate, tha Governor shall fill such vacancy' .
by appoinlmebXwhich shall continue in force until iho
end of the ne.t.session of the Senate thereafter.
Sec. 2: Be it further enacled.AThal where a notary
pubjic 13 appointed to succeed, another, his commission
shall specify what notary,. he succeeds.
Sec- 3. Be it further Jenrtcted, That every person who
may he appointed a notary public, before he enters npon
me auues oi nisomce, snan execute a uonu whu jjwuu-auu,
sufficient security, to be approved, by the county court, "
payable to the Governor and his successors in office? in
the sum of two thousand dollars, conditioned "for :he faith,-
ful performance oflhe-duties of his office, and shall also
take and subscribe the oa'th oCofiace .prescribed by thecon-
stitutiont which shall ,be endorsed on said bond, with the.
certificate ofthe officer administering tho same; said bond
shall be recorded in the officer the clerk ofthe county
court, and deposited in said office, and shall not be vbjd on
the first recovery, and may be sued on in the nameany
party injured, from time to lime, until the whoIe;ariount.
thereof has been fecovored. e-sl .isy.
Sec 4. Be it further enacted, That every notary public
who shall be guilty of any wilful neglect of duly or misde-"
meanor in office, may be indicted by the grand jury of his
county, and. on conviction in the disltictcpnjrshaUlK
removed from office and every rtotary public, whbsfeaju
remove, permanently from theconnty from which ne is -appointed,
shall vacate his office,
Sec. 5. Be it further enacted, That if any notary publfc.
shall vacate" his office in.anv manner, his record books arfd
all. public 'papers in his office, and his seal of officashajl
bo deposited with .the cleilcot the county court of his
county, and by him shall be delivered to the successor of
such notary, who shall be bound to pay the person autho-
rized, to receive the sjime, the reasonable value ofauch
seal. . -
" Sec 6. Be it further enacted, That every notary publfc
shall provide a seal of office whereon shall be engraved in
the centre, a.tar of five points, and the words Notary
Public, County of- , Texas," around the margin,
and he shall authenticate all his official acts 'herewith.
Sec. 7. Be It further enacted, That notaries public-may
take the acknowledgement or proof of all instruments of
writing, in the manner provided for by law, to entitle item
to registration in the office of county recorder, nnd give
certificate ofall such acknowledgements and proofs,- under
their hand and official seals; they may take the examina-
tion anU-acknowledgement of married women to all deeds
and instruments' of writing, conveying their separata
property and their interest 'in tho homestead, in the manr
ner provided by law. ir . "
Sec. 8. Be if further enacted, Every notary-public-sball
have power to administer oaths and give certificates there-
of. - .
Sec. 9. Be it further enacted, They may take the proot
oracknowltdgements-ofall instruments of writing relating
to'commefce and navigation, and also of letters of attorney
and other instruments of writing, make declarations and
protests, and certify under their band and seal, the truth ot
all matters and thing3-done by virtue of their offices.
Sec. 10 Be hfurther enacted, That each notary public
shallkeepa memorandum ofall his official acts as notary
ubfic, in a book to be kept by him for that purpose, and
stfatl give a certified copy of any iecord in bis office, to
any person applying therefor, on the payment of all fees
'thereon.
Sec. 11. Befit farther enacted, That nil declarations and
protests made, and acknowledgements taken by notarfes
public, and certified copies of their records and official pa
pers, shall be received as evidence ot the lacts tnerein sta
lled, in all tbe courts of this State.
Sec. 12 Be "it further enacted, That notaries public
shall have power to take the depositions of witnesses in
the manner provided by law,and shall be entitledto, the
fees allowed to other officers for like services.
i' Sec. 13. Be it further enacted, That copies of all records
.declarations, protests and other official acts of notaries pub-
jj lie, may be certified by tbeir successors, with whom they
i areaeposiieq, anu snan uuvb meauiuc amuvmy u u i-
tined by the notary, by whom they were originally maae.
Approved, 13th May, A. D. 1846.
AN ACT
Providing how the. new Counties made by this Legislature
out of the territory of Nacogdoches,-sball pay their por-
tion ofthe debt due by 6aid county of Nacogdoches.
Section 1. Be it enacted by the Legislature ofthe Stale
of Texas; That the new counties of Angelina, Cherokee,
Smith, and Henderson, lakerTfrom and tormed out of the
former territory ofNacpgdoches county, shall not be ex-
empt from their portfon if iBe3ebt due by the former coun-
ty of Nocogdocfaesf but shall assume- and pay so much of
the old debt of the county of Nacogdoches as is now duo
to any person or persons residing within the limits of their
respective .counties : 'Provided, also, that if the said "debts
or liabilities should jiavebeen transferred by the original
holder to any person ojrpersons residing nVany other
county, that then and inUhat case, the saraeshalkbe'paid
by the county in whiclithe saidriginal holder or claimant
of the debt shall be living at the time of the organization
of tbe said "respective counties-
Sec. 2 Be itfurtfier enacted, That those citizens of Dal-
las and Upshur counties, formerly embraced in the limits
of Nacogdoches county, shall assume and pay so much of
the debt of Nacogdoches county as may be due to any
person or persons living in their respective counties, in the
same manner and in accordance with the provisions oi the
fiist section of this act. -;
Sec. 3. Be it further enacted, That this act take efiect
and be in force from and after its passage.
Approved, l3thMay. A. D. 1846.
AN ACT
Creating the seal ofthe Adjutant General's Office
Section 1. Be it enacted by the Legislature ofthe Sjate
of Texas, That the adjutant general be required to procure
a seal for the authentication qf all instruments of writing
emanating from his office, with the following device:
Said seal shall be tbe same as that heretofore used in the
war department, except tbe words '' War Department,
Republicof Texas" which shall be changed to "Adjutant
Genral's office State of Texas." " . ,'
Sec. 2. Be it farther enacted, That thisTact take efiect
from and'after its passage.
Approved, May 13th, 1846.
AN ACT
Regulating the office of Ctfunty Treasurer.
Section 1. Be" it enacted by the Legislative ofthe Slate
of Texns, That there shall be in each county of this State,
a county treasurer who shall be appointed by the county
court, and shall hold his office for the term of two yeais
from ihe day of his appointment, and until his successor
shall have been duly appointed and qualified, unless soon-
er removed by the county court, as hereinafter provided.
Sec. 3. Be it further enacted, That every person who
shall be appointed to the office of county treasurer, shall
within twenty days aftei receiving notice of bis appoint-
mpni nnd hnfnrft enterintr unnn the duties of his office, five
...w..., .. -"o i "O
a bond to the county court of his county and their succes
sors in offtce, lor the use of the couniy, wun at least two
o-nnd and sufficient sureties, to be anproved of bv the chief
justice'of his county, in such sum as they may deem ne
cessary, conditioned mat such treasurer snail 'uuniuiiy
execute the duties of his office nnd pay over according to
law, alhmonies which shall come into his hands as county-
treasurer, and render a just and true account thereofto said
court, at each and every regular term of said court; and
such treasurer shall take and subscribe the oath prescribed
by the constitution, which together with the bond, shall be
deposited in the couniy clerks office of his county.
Sec. 3. Be it further" enacted, Thai it shall be the duty
J
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Newspaper.
Moore, Francis, Jr. Democratic Telegraph and Texas Register (Houston, Tex.), Vol. 11, No. 38, Ed. 1, Wednesday, September 23, 1846, newspaper, September 23, 1846; Houston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth48424/m1/1/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.