The Laws of Texas, 1822-1897 Volume 2 Page: 477
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Laws of the Republic of Texas.
13
Sec. 2. Be it further enacted, That whenever the office of Sheriff
becomes vacant by resignation or otherwise, it shall be the duty of
the Chief Justice of the county to hold an election at the several
precincts of the county, to fill such vacancy, upon giving ten days
notice immediately preceding such election.
Sec. 3. Be it further enacted, That this act shall take effect from
and after its passage.
DAVID S. KAUFMAN,
Speaker of the House of Representatives.
ANSON JONES,
President pro tern. of the Senate.
Approved December 30th, 1840.
DAVID G. BURNET.
AN ACT
To define in part the duties of Judges of District Courts.
Sec. 1. Be it enacted by the Senate and House of Representatives
of the Republic of Texas, in Congress assembled, That if any
Judge of any of the Judicial Districts of the Republic shall fail,
neglect or refuse to hold his Court at the time and place as required
by law, he shall for each and every Court, that he may so
fail, neglect or refuse to hold in his District as aforesaid, forfeit to
the Government the sum of Five hundred Dollars, to be deducted
from his annual salary.
Sec. 2. Be it further enacted, That the Judge so failing to hold
his Court or Courts as aforesaid, shall make and subscribe his affidavit
in writing, that such failure resulted alone from sickness, or
the public enemy, (provided nothing herein shall operate upon a
Judge for not holding his court in a depopulated county that rendered
him unable to attend,) which said affidavit shall be attached
to his draft on the Treasury.
Sec. 3. Be it further enacted, That in every case where the
Judge of the District Court shall fail to attend and hold his court
as now provided by law, the Chief Justice of the county in which
such failure occurs shall forthwith report the same under his seal
of office to the Secretary of the Treasury: which report shall be
a sufficient voucher for the treasurer to withhold the amount
specified in this act for such failure, except such excuse is present(477)
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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/m1/481/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .