The Laws of Texas, 1822-1897 Volume 2 Page: 115
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Laws of the Republic of Texas.
115
AN ACT
To require the plea of "non est facturn," to be filed under oath in
certain cases.
Sec. 1. Be it enacted by the Senate and House of Representatives
of the Republic of Texas in Congress assembled, That in all
cases in which a suit has been instituted for 'the recovery of an
amount due upon any bond, bill, promissory note, contract or other
writing obligatory, and such suit is now pending in any of the
courts of this Republic, or in cases in which any such suit shall
hereafter be instituted, the execution of the instrument shall be
regarded as proved, and the plea of "non est factum," shall be considered
as unavailing, until the defendant, or in case there be more
defendants than one, at least one of them, shall have made oath
before the court in which the case is pending, that he or they never
executed the said instrument, nor authorized any person to execute
it for him or them.
Sec. 2. Be it further enacted, That all laws and parts of laws
contrary to the provisions of this act be. and the same are hereby
repealed, and this act shall be of full force and effect from and
after its passage.
JOHN M. HANSFORD,
Speaker of the House of Representatives.
DA-ID G. BURNET,
President of the Senate.
Approved, January 26, 1839.
MlIRABEAU B. LAMtAR.
A JOINT RESOLUTION
Allowing pay for copying the Journals of the Senate. for the Fall
and Spring Sessions of 1837 and 1838.
Be it rssolved by the Senate and House of Representatives of
the Republic of Texas in Congress assembled, That Richard
R. 'Wilkins be allowed out of the contingent fund of both
Houses, at the rate of fifteen cents per hundred words for recording
the joarnals of the Senate of the fall and spring session of
eighteen hundred and thirty-seven and thirty-eight, as has here(115)
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 2, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth6726/m1/119/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .