The Laws of Texas, 1822-1897 Volume 2 Page: 240
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66
Laws of the Republic of Texas.
AN ACT
To punish Swindling and other offences therein named.
Sec. 1. Be it enacted by the Senate and House of Representatives
of the Republic of Texas, in Congress assembled, That whoever
shall falsely and deceitfully obtain, or get into possession any
money, goods, chattles, notes or bank bills by color and means of
some false token, or under any false pretence whatever, on conviction
thereof, he shall be fined in a sum not exceeding one thousand
dollars, and shall be imprisoned not more than two years, at
the discretion of the court.
Sec. 2. Be it further enacted, That whoever shall fraudulently
pass or transfer, or offer to pass or transfer any paper purporting to
be bank paper, and to be issued by any bank or banks, which have
never existed, or which having existed, have since broken, with intent
to defraud, on conviction thereof before the district court,
shall be imprisoned not less than one nor more than five years, at
the discretion of the court, and receive thirty-nine lashes on the
bare back.
Sec. 3. Be it further enacted, That this act shall be specially
given in charge to the grand juries at the commencement of each
session of the district court, and indictments under this statute
shall not abate for want of form.
Sec. 4. Be it further enacted, That this act shall take effect
from and after its passage.
Sec. 5. Be it further enacted, That all laws punishing theft,
forgery and counterfeiting with death, so far as relates to the punishments,
be and are hereby repealed, and that the punishment of
these offences shall be thirty-nine lashes on the bare back, and imprisonment
for any time not less than one, nor more than five
years, at the discretion of the court: Provided, That all offences
heretofore committed. shall be punished by the laws under which
such offences were committed.
DAVID S. KAUF~MAN,
Speaker of the House of Representatives.
DAVID G. BUTRNET,
President of the Senate.
Approved February 5th, 1840.
MIRABEAU B. LAMAR.(240)
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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/m1/244/: accessed May 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .