The Laws of Texas, 1822-1897 Volume 2 Page: 158
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158
Laws of the Republic of Texas.
the fall term of the District Court for the county of Harrisburg
to be held in the year eighteen hundred and thirty-eight, shall be
holden on the first Monday in December.
Sec. 2. Be it further enacted, That all writs, processes. and
other proceedings heretofore issued and had, which were made returnable
on the third Monday in September, or the fourth Monday
in November, in the year eighteen hundred and thirty-eight,
shall be and they are hereby made returnable to the District Court,
to be held in accordance with the provisions of the first section of
this act; and all parties, witnesses and jurors, are required to 15e
in attendance upon the court as though heretofore regularly summoned.
Sec. 3. Be it further enacted, That if from any cause the jury
should not be drawn in accordance with the provisions of the
thirty-second section of the act establishing the jurisdiction and
powers of the District Court, in case the array shall be challenged
or the venire quashed, then it may be lawful for the judge to order
the clerk to issue a venire facias, directed to the sheriff, returnable
at such time as the court may direct, requiring him to summon the
requisite number of individuals to serve as jurors, who shall be
sworn as though they had been summonded in accordance with
the provisions of said thirty-second section.
Sec. 4. Be it further enacted, That it may be lawful for any
one of the District Judges to order the clerk to issue a venire facias
reqliring the sheriff to summon as many talesmen as may be necessary
to constitute a second petit jury, if in the opinion of said
judge it may at any time be necessary.
JOHN tM. HANSFORD,
Speaker of the House. of Representatives.
S. H. EVERITT,
President pro ter. of the Senate.
The foregoing act was presented to President Houston for approval
on the 28th of November, 1838, as appears from the memorandum
of his private secretary of that date, and was returned to
the department of State the 2Sth of February. 1839, without his
signature.
JAMIES WEBB,
Secretary of State.( 15 )
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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/m1/162/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .