Paschals Digest: Volume 1
Table of Contents Page
- Preface to the Second Edition 8
- Preface to the Third Edition 10
- Preface to the Third Edition 12
- Directions for using the book 14
- Table of Contents 15
- List of Works Cited and of Abbreviations Used 33
- I. Organic Laws 46
- The Constitution of the United States of America 46
- Article I. Legislative Department 46
- Article II. Executive Department 57
- Article III. Judicial Department 59
- Article IV. General Provisions 62
- Article V. Amendments to the Constitution 65
- Article VI. Special Provisions 65
- Article VII. Ratification of the Constitution 66
- Amendments to the Constitution 66
- Article I. Freedom of Religion, Speech, the Press, and right of Petition 66
- Article II. Right to bear Arms 66
- Article III. Quartering of Troops 66
- Article IV. Searches or Seizures 66
- Article V. Trials for Cause 67
- Article VI. Rights of Defendants in Criminal Cases 67
- Article VII. Trials in Civil Cases 67
- Article VIII. Bail, Fines, and Punishments 67
- Article IX. Reserved Rights 68
- Article X. Powers Reserved 68
- Article XI. Limitations of Judicial Power 68
- Article XII. Election of President and Vice-President 68
- Article XIV. Representation 69
- Constitution of the Republic of Texas 76
- Plan and Powers of the Provisional Government of Texas 70
- Articles of Annexation 89
- Constitution of the State of Texas, 1845 92
- Article I. Bill of Rights 92
- Article II. Division of the Powers of Government 95
- Article III. Legislative Department 96
- Article IV. Judicial Department 100
- Article V. Executive Department 104
- Article VI. Of the Militia 107
- Article VII. General Provisions 108
- Article IX. Impeachment 115
- Article XI. Fraudulent Land Certificates 116
- Article XII. General Land Office 117
- Article XIII. Schedule 117
- Constitution of the State of Texas, 1866 986
- Art. I. Bill of Rights 987
- Art. II. Division of Powers of the Government 989
- Art. III. Legislative Department 989
- Art. IV. Judicial Department 991
- Art. V. Executive Department 995
- Art. VI. Of the Militia 998
- Art. VII. General Provisions 998
- Art. IX. Impeachment 1002
- Art. XI. Fraudulent Land Certificates 1004
- Art. XII. General Land Office 1004
- Ordinances of the Convention, 1861 123
- Constitution of the Provincial Government of the Confederate States 127
- Constitution of the Confederate States of America 131
- Ordinances of the Convention, 1866 1004
- No I. Ordinance of the Secession null and void 1004
- No. II. War Debt, void 1005
- No. III. Elections of State Officers 1005
- No. IV. Amendments of the Constitution 1005
- No. V. Taxes for the Year 1866 1005
- No. VI. Assuming United States Direct Tax 1005
- No. VII. Indian Depredations 1006
- No. VIII. Indian Depredations 1007
- No. IX. Defining State Constitution 1007
- No. X. Loans to and Stock in Corporations 1007
- No. XI. Making valid certain Laws and Acts of Officers 1008
- No. XII. Education Fund 1009
- No. XIII. Division of the State of Texas 1009
- No. XIV. Commissioner of Statistics 1009
- No. XV. Mines, Minerals, Salines, and Oil Springs 1010
- No. XVI. State Troops called out before March 3, 1861 1010
- No XVII. Election of State, District, and County Officers 1010
- No. XVIII. To equalize the Labor and make uniform the Terms of Judicial Districts 1010
- No. XIX. Resolution of Respect to General Houston 1010
- No. XX. Delegation to the City of Washington 1010
- No. XXI. Per diem Pay and Mileage of Members and Officers to the Convention 1011
- No. XXII. Appropriation for Pay of Members and Officers 1011
- No. XXIII. Expenses of Delegates to Washington 1011
- No XXIV. Salary of Governor Houston 1011
- No. XXV. Printing and other Expenses of the Convention 1011
- No. XXVI. Contingent Expenses of the Convention 1012
- No. XVII. Relief of James M. Green and others 1012
- II. Statutes 140
- Asylum, Deaf and Dumb 167
- Bills, Promissory Notes 188
- Boundaries, Colonies 197
- Austin's first colony 198
- Austin's second colony 198
- Austin's third colony 199
- Austin's coast colony 199
- Austin and Williams's colony 199
- Beale's second colony 199
- Cameron's first colony 199
- Cameron's second colony 199
- Fisher & Miller's colony 200
- Hewitson & Powers's first colony 200
- Hewitson & Powers's second colony 201
- Leftwick's or Robertson's colony 201
- McMullen & McGloin's colony 201
- Padillo & Chambers's colony 201
- Purnell & Drake's colony 202
- Vehlein's first colony 202
- Vehlein & Co's second colony 202
- Wilson & Exeter's colony 202
- Boundaries of the State 237
- Clerks of the District Court 249
- Colonization, Coahuila and Texas 257
- Colonization, Imperial 251
- Colonization, National 253
- Colonization, Republic and State 276
- Fisher & Miller's colony 293
- Colonization, Tampaulipas 273
- Comptroller of Public Accounts 300
- Courts, County - Estates 345
- Courts, District 387
- Appeal to Supreme Court 413
- Appeals from County Courts 403
- Appeals from Justices 403
- Citation and Defaults 418
- The Institution of the Suit 393
- Criminal Code - Its History 440
- Part I. General Provisions Relating to the Whole Code 440
- Title I. The General Objects of the Code 440
- Title II. Definitions 442
- Title III. Of the Persons Punishable Under This Code 443
- Part II. Of Offences and Punishments 445
- Title I. Definition and Division of Offences 445
- Title II. Punishments in General 445
- Title III. Of the Penitentiary 447
- Chapter I. Its Organization 447
- Chapter II. Its Officers 447
- Chapter III. Conveying Prisoners to the Penitentiary 447
- Chapter IV. Duties of the Directors 448
- Chapter V. Duties of Superintendent and Underkeeper 448
- 1. The Superintendent 448
- Chapter VI. Duties of the Financial Agent 450
- Chapter VII. Duties of the Physician 450
- Chapter VIII. Duties of the Chaplain 451
- Chapter IX. Overseers and Other Subordinate Officers and Employees 452
- Chapter X. Treatment of Convicts and of Prison Discipline 452
- 2. Visits to the Penitentiary 453
- Chapter XII. Prisoners Confined to Labor for Life or a Term of Years 453
- Chapter XIII. Of the Rules to be Prescribed by the Directors 453
- Title IV. Of the House of Correction 454
- Chapter I. Its Organization and Officers 454
- Chapter II. Its general Objects 454
- Chapter III. Of Discipline and Treatment of Convicts 455
- Title V. Of Principals, Accomplices, and Accessaries 455
- Chapter I. Principals 455
- Chapter II. Accomplices 456
- Chapter III. Accessaries 456
- Chapter IV. Trail of Accomplices and Accessaries 457
- Title VI. Of Offences Against the State, Its Territory, Property, and Revenue 457
- Chapter II. Misprision of Treason 460
- Chapter III. Embezzlement or Misapplication of Public Money 460
- Chapter IV. Collection of Taxes and Other Public Money 460
- Chapter V. Dealing in Fraudulent Land Certificates 461
- Chapter VI. Dealing in Public Lands by Officers 461
- Chapter VII. Forgery of Patents, Land Certificates 461
- Title VII. Offences Affecting the Executive, Legislative, and Judiciary Departments of the Government 462
- Title VIII. Offences Affecting the Right of Suffrage 462
- Chapter I. Bribery and Undue Influence 462
- Chapter II. Offences by Judges and Other Officers of Elections 463
- Chapter III. Illegal Acts of Magistrates and Peace Officers 463
- Chapter IV. Riots and Unlawful Assemblies at Elections, Violence Used Towards Electors 463
- Chapter V. Miscellaneous Offences Affecting the Right of Suffrage 464
- Title IX. Offences Which Affect the Free Exercise of Religious Opinion 464
- Title X. Offences Against Public Justice 465
- Chapter I. Perjury and False Swearing 465
- Chapter III. Offences Relating to the Arrest and Custody of Prisoners 467
- Chapter IV. False Certificate, Authentication of Entry by and Officer 470
- 1. Commissioner of Deeds, &c. 470
- 3. Authentication of Deeds and Depositions by Notary Publics, or other like Officers 471
- 4. General Provisions 471
- Chapter V. Extortion by Officers 471
- Chapter VI. Embezzlement by Officers of Courts 472
- Chapter VII. Unlawfully Dealing in Jury Script and Witness Fees 472
- Title XI. Offences Against the Public Peace 472
- Chapter I. Unlawful Assemblies 472
- Chapter III. Affrays and Disturbances of the Peace 474
- Title XII. Offences Against Public Morals, Decency, and Chastity 474
- Chapter I. Unlawful Marriage 474
- Chapter II. Incest and Adultery 474
- Chapter III. Disorderly Houses 475
- Chapter IV. Indecent Exhibitions and Publications 475
- Chapter V. Disturbance of Graves and Dead Bodies 475
- Title XIII. Offences Against Public Policy and Economy 476
- Chapter I. Illegal Banking and Passing Spurious Money 476
- Chapter II. Lotteries and Raffles 476
- Chapter III. Selling to Indians and Free Persons of Color 477
- Chapter V. Betting on Elections 479
- Chapter VI. Neglect of Officers to Arrest or Prosecute Gaming Cases 481
- Chapter VII. Retailing Liquor without a License 481
- Chapter VII. Peddling without License 482
- Title XIV. Offences Affecting Public Health 482
- Chapter I. Occupations Injurious to Health 482
- Chapter II. Sale of Unwholesome Food, Drink, or Medicine 482
- Title XV. Offences Affecting Property Held in Common for the Use of the Public 482
- Chapter I. Obstruction of Navigable Streams 482
- Title XVI. Offences Against Trade and Commerce, and the Current Coins 483
- Chapter I. Forgery and Other Offences Affecting Written Instruments 483
- Chapter II. Counterfeiting and Diminishing the Value of Current Coin 485
- Chapter III. Offences which Affect Foreign Commerce 486
- Chapter IV. False Weights and Measures 486
- Chapter V. Offences by Public Weighers 486
- Chapter VI. Miscellaneous Offences 487
- Title XVII. Of Offences Against the Persons of Individuals 487
- Chapter I. Of Assault and Battery 487
- 1. General Provisions and Definitions 487
- 2. Punishment of Simple Assault and Battery 488
- Chapter II. Of Aggravated Assaults and Battery 488
- Chapter III. Of Assaults with Intent to Commit Murder, Rape, Robbery, or Other Crimes 489
- Chapter IV. Of Maiming, Disfiguring, and Castration 490
- Chapter V. Of False Imprisonment, Kidnapping, and Abduction 490
- 1. False Imprisonment 490
- Chapter VII. Of Abortion 492
- Chapter VIII. Of Administering Poisonous and Injurious Potions 492
- Chapter IX. Of Homicide 493
- Chapter X. Of Justifiable Homicide 493
- 3. By Officers in the performance of a Duty, and by other Persons under certain Circumstances 493
- 5. In Defence of Person or Property 495
- Chapter XI. Of Excusable Homicide 496
- Chapter XII. Homicide by Negligence 496
- 1. In the Performance of a Lawful Act 496
- 2. In the Performance of an Unlawful Act 496
- Chapter XIII. Of Manslaughter 497
- Chapter XIV. Of Duelling 498
- Chapter XV. Of Murder 498
- Chapter XVI. General Provisions as to Offences Against the Person 500
- Title XVIII. Of Offences Against Reputation 500
- Chapter II. False Accusation and Threats of Prosecution 502
- Title XX. Offences Against Property other than Slaves 503
- Chapter II. Of Other Wilful Burning 504
- Chapter III. Attempts to Commit Arson, or Other Wilful Burning 505
- Chapter IV. Malicious Mischief 505
- Chapter V. Cutting and Destroying Timber 506
- Chapter VI. Of Burglary 507
- Chapter VII. Offences on Board of Vessels and Steamboats 508
- Chapter VIII. Of Robbery 508
- Chapter IX. Of Theft 508
- 2. Theft from the Person 511
- 3. Theft from a House 511
- 5. Illegal Marking and Branding 513
- Chapter X. Embezzlement of Property by Private Persons 515
- Chapter XI. Disposition of Mortgaged Property 516
- 1. Fraudulent Disposition of Mortgaged Property 516
- Chapter XII. Offences Against Property Committed in Another State of Territory 517
- Chapter XIII. Estrays 517
- 1. Infectious Disease 518
- Title XXI. Of Miscellaneous Offences 518
- Chapter I. Of Conspiracy 518
- Chapter II. Threats to Commit Offences 519
- Chapter III. Of Seduction 519
- Chapter IV. Issuing Marriage Licenses Unlawfully 519
- Title XXII. Repetition of Offences 519
- Part III. 520
- Title III 520
- Chapter II. Repealing Clause 520
- Criminal Procedure 521
- Introductory Note 521
- Chapter I. Containing General Provisions 521
- Chapter II. The General Duties of Officers Charged with the Enforcement of the Penal Laws 523
- 1. The Attorney-General and the District Attorney 523
- 4. Clerk of the District Court 525
- Chapter III. Definitions 525
- Chapter IV. Divisions of the Code 525
- Part I. Of the Courts Having Original Jurisdiction in Criminal Courts 526
- Title I. Of the Supreme Court 526
- Title II. Of the District Courts 526
- Title III. Of the Justices', Mayors', and Recorders' Courts 526
- Part II. Of the Prevention and Suppression of Offences, and the Writ of Habeas Corpus 527
- Title I. Of Preventing Offences by the Act of a Private Person 527
- Title II. Of Preventing Offences by the Act of Magistrates and Other Offences 527
- Chapter I. The Duty of Magistrates and Other Officers 527
- Chapter II. Proceedings Before Magistrates for the Purpose of Preventing Offences 528
- Chapter III. Of the Suppression of Riots 529
- Title III. Of the Suppression of Offences in their Nature Permanent 530
- Chapter I. Offences which affect the Public Health 530
- Chapter II. Suppression of Offences which are Injurious to Property held in common for Public Use 531
- Chapter III. Offences affecting Reputation 531
- Chapter IV. Of the Suppression of Offences against Personal Liberty 531
- 1. Definition and Object of the Writ 531
- 2. By whom and when granted 531
- 3. Service and Return of the Writ, and Proceedings thereon 534
- 4. General Provisions 536
- Part III. Proceedings in Criminal Actions Prosecuted by Indictment or Information in the District Court 539
- Title I. The Time and Place of commencing and prosecuting Criminal Actions 539
- Chapter I. Time within which Criminal Actions may be commenced 539
- Chapter II. County within which Offences may be prosecuted 539
- Title II. Arrest, Commitment, and Bail 541
- Chapter I. Arrest without Warrant 541
- Chapter II. Arrest under Warrant 541
- Chapter III. Commitment or Discharge of the Accused 542
- Chapter IV. Of Bail 544
- 1. General Rules applicable to all Cases of Bail 544
- 2. Surrender of the Principal by his Bail 546
- 3. Bail before the Examining Court 547
- Title III. Search Warrants 548
- Chapter I. General Rules 548
- Chapter II. When and how a Search Warrant may be issued 549
- Chapter III. Execution of a Search Warrant 550
- Chapter IV. Proceedings on the Return of a Search Warrant 551
- Title IV. Proceedings subsequent to a Commitment or Bail, prior to Trial 552
- Chapter I. Organization of the Grand Jury 552
- Chapter II. Duties, Privileges, and Powers of the Grand Jury 555
- Chapter III. Indictments and Information 556
- Chapter IV. Proceedings preliminary to Trial 558
- 1. Enforcing Attendance of Defendants, Forfeiture of Bail 558
- 2. Witnesses, and enforcing their Attendance 561
- 3. Service of a Copy of the Indictment 563
- 4. Arraignment, and Proceedings when Arraignment is unnecessary 563
- 5. Pleadings in Criminal Actions 564
- 6. Argument and Decision of Motions, Pleas, and Exceptions 566
- 9. Dismissing Prosecutions 569
- Title V. Trial and Its Incidents 569
- Chapter I. The Mode of Trial 569
- Chapter II. Formation of the Jury 570
- Chapter III. Of Challenges 571
- Chapter IV. Trial before the Jury 572
- Chapter V. Of the Verdict 575
- Chapter VI. Evidence in Criminal Actions 577
- 2. Persons who may testify 578
- 3. Evidence as to Particular Offences 579
- 4. Of Dying Declarations, and Confessions of Defendant 579
- 5. Miscellaneous Provisions 580
- Title VI. Proceedings after Indictment 580
- Chapter I. New Trials 580
- Chapter II. Arrest of Judgement 581
- Chapter III. Judgement and its Incidents 582
- 1. Judgement in Cases of Felony 582
- 2. Judgement in Cases of Misdemeanor 583
- Chapter IV. Execution of Judgements 583
- 1. Collection of Pecuniary Fines 583
- 2. Enforcing the Judgment in Misdemeanors, &c. 584
- 3. Execution of the Penalty of Death 584
- Title VII. Of Appeals 585
- Title VIII. Miscellaneous Proceedings 590
- Chapter I. Deposition of Witnesses 590
- 2. Persons authorized to take Depositions, and the Manner of Taking and Returning them 590
- 3. Reading Depositions in Criminal Actions 591
- Chapter II. Inquiry as to the Insanity of the Defendant 591
- Chapter III. Disposition of Stolen Property 592
- Chapter IV. Fines and Moneys Collected upon Recognizances, Bail Bonds, &c. 592
- Chapter V. Commutation of Punishments and Reprieves 593
- Part IV. Proceedings in Inferior Tribunals, &c. 593
- Title I. Proceedings in Justices' and Mayors' Courts 593
- Chapter I. General Provisions 593
- Chapter II. Arrest of the Defendant 594
- Chapter III. Trail and its Incidents 594
- Chapter IV. Judgement and Execution 595
- Title II. Coroner's Inquest 596
- Title III. Fugitives from Justice 598
- Title IV. Of Vagrants 598
- Title V. Disorderly Persons 599
- Title VIII. Reports relative to Crime 599
- Title IX. Special Proceedings against Railroad Companies 600
- Part V. Costs in Criminal Actions 600
- Title I. Taxation of Costs 600
- Title II. Costs Paid by the State 601
- Title III. Costs to be paid by Counties, and the manner of enforcing Collection 601
- Title IV. Costs paid by the Defendant 603
- Chapter I. In the Supreme and District Courts 603
- Chapter II. In Justices' Courts 603
- Title V. Costs to be paid by a Witness 604
- Decent and Distribution 605
- Education 616
- Common Schools and Academies 616
- Elections 630
- Electors of President and Vice-President 638
- Evidence 647
- Auditors and Interpreters 662
- Commissioners to take Depositions, &c. 663
- Factors and Commission Merchants 679
- Fees of Office 680
- Chief Justices of the County Courts 683
- Clerks of the County Courts 682
- Clerks of the District Courts 681
- Clerks of the Supreme Court 681
- County or District Surveyors 686
- Justices of the Peace 685
- Forcible Entry and Detainer 695
- Frauds and Fraudulent Conveyances 698
- Land 729
- Commissioner and Clerks of General Land Office 734
- Duplicate Warrants, Discharges, and Certificates 739
- Head-rights, Conditional Certificates 746
- Head-rights, Fraudulent Certificates 750
- Surveys and Surveyors 794
- Passengers coming to the State 844
- Taxes 914
- Assessment and Collection 919
- Void Laws Relating to 935
- Towns and Cities 939
- Powers and Duties of the Board of Aldermen 940
- Incorporation of Cities 942
- Treasurer of the State 943
- Trespass to try Title 944
- Trial of the Right of Property 952
- United States Bonds 954
- United States Bonds and Coupons 960
- Appendix 970
- Acts of the Congress of the United States 970
- Comptroller of Public Accounts 978
- Constitution of the State of Texas as amended 986
- Article I. Bill of Rights 987
- Article II. Division of the Powers of Government 989
- Article III. Legislative Department 989
- Article IV. Judicial Department 991
- Article V. Executive Department 995
- Article VII. General Provisions 998
- Article VIII. Freedmen 1001
- Article IX. Impeachment 1002
- Article X. Education 1002
- Article XI. Fraudulent Land Certificates 1004
- Article XII. Land Office 1004