The Laws of Texas, 1822-1897 Volume 1 Page: 256
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Laws and Decrees of Coahuila and Texas.
146
DECREE No. 128.
( 256 )
The Congress of the State of Coahuila and Texas, having taken into
consideration the injuries that may arise from the substitution of the
second part of article 39 of the colonization law, as well as the want
of clearness of decree No. 62; and the justice there is in favoring, in
the distribution of lands, the citizens of Coahuila and Texas, who at
the cost of a thousand privations, have inhabited the same, and de-
fended them from the savage tribes, ha’s thought proper to decree as
follows;.
Art. 1. The surveyors, who are to run off the lands, shall give secur-
ity for their faithful management in conformity to the existing laws. For
said appointments native and naturalized Mexicans shall be preferred to
those who are not.
Art. 2. As a compensation for their services they shall be paid by the
persons, to whom the lands are granted, eight dollars for the survey of a
sitio; three for that of a labor; and twelve rials for that of a lot; and in
pursuance thereof the second part of article 39 of the colonization law
shall remain no longer in force.
Art. 3. Their duties shall be those prescribed in said law, and in the
instructions approved for the commissioners.
Art. 4. The commissioner shall construct the plans for the Archives
of the colony, and those of the government, in view of. those the sur-
veyor shall deliver him; shall be present at all the surveys, and shall
write out the titles sufficiently authenticated both for the judicial record
or original copy, and right of property of the colonists, without having
power, under any pretence, to delegate his commission, unless it is with
previous knowledge of the executive.
Art. 5. For no cause, and under no pretence shall any other fees or
taxes, be exacted of the colonists, except those designated in this law,
and those prescribed for the commissioner by decree No. 62.
ment by law, solely from misconstruction of article 88 of the afore-
mentioned decree, has thought proper to decree as follows:
Art. 1. The halls of the supreme tribunal of justice shall continue
the administration thereof, without the appointment or assistance of the
judges, colleagues, mentioned in the law regulating the administration of
justice.
Art. 2. The cases mentioned in article 81 and 82 shall be excepted
from the provision of the preceding article, which cases shall be con-
ducted in the manner prescribed by the aforementioned law.
Art. 3. All causes in crimes deserving capital punishment by law,
shall be transmitted to the supreme tribunal of justice, even should the
accused be acquitted by the decision of the assessor.
For its fulfilment, the Governor of the State shall cause it to be
printed, published, and circulated.
Given in the city of Leona Vicario on the 5th of April, 1830.
[The same Signers.
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 1, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth5872/m1/264/: accessed April 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .