MAKING VALID THE LAWS AND ACTS OF OFFICERS THEREIN MENTIONED, AND FOR OTHER PURPOSES.
SECTION 1. Be it ordained by the Representatives of the
people of Texas, in Convention assembled, That all laws and parts of laws
enacted by the Legislature of this State since the first day of February, 1861
not in conflict with the Constitution and laws of the United States, nor with
the Constitution of this State as it existed prior to the 1st day of February,
1861, and not in conflict with the Provisional Governor’s proclamations opening
the courts, and authorizing the institution of suits, are declared to be in
full force as laws of this State; and all the acts of courts, and officers of
courts, and the acts of the different officers of the State, executive, judicial
and minsterial, done in compliance with the laws of the State, and in conflict
neither with the Constitution and laws of the United States, nor with the Constitution
of this State, as it existed prior to the 1st day of February, 1861, are declared
to be valid; provided, that nothing in this ordinance shall be so construed
as to render valid any law of the Legislature, or the acts of any officer, or
any judicial proceeding declared void, or annulled by this Convention.
SEC. 2. It is further ordained, That the acts of all
the officers appointed by his Excellency A. J. Hamilton, Provisional Governor
of the State of Texas, done in accordance with the laws of said State, are hereby
declared to be as valid and binding as if said officers had been elected or
appointed in the manner prescribed by the Constitution and laws of said State.
SEC. 3. Be it further ordained, That all the ordinances, resolutions and proceedings of a Convention of the people of the State of Texas, begun and held on the 28th day of January, 1861, and on the 2d day of March, 1861, together with the amendments to the Constitution adopted by said Convention for this State are declared null and void.
SEC. 4. Be it further ordained, That no suit or prosecution shall be maintained, or recover had, against any agent, bailee, executor, administrator, or trustee, who may have been compelled by virtue of the Acts of the Confederate Congress, in good faith, to surrender and deliver to the Confederate States’ Receivers property or money in their hands, held as such agents, bailees, executors, administrators, or trustees; and in all cases where executors, administrators, trustees, agents, or bailees have received and paid out Confederate or State currency, the courts, in the settlement of their accounts, shall be governed by principles of justice and equity, as well for the protection of the rights of heirs, and creditors, as of such executors, administrators, trustees, agents and bailees.
SEC. 5. Be it further ordained, That no person shall be sued in any civil action, nor prosecuted in any criminal proceeding, for or on account of any seizure, sale, impressment, or injury to property or person, or other set done since the 2d day of February, A. D. 1861, by virtue or in pursuance of military or civil authority given by the Confederate States Government, or by this State, or in pursuance of orders given by any person vested with such authority; nor shall any person be held responsible, in any civil action or criminal prosecution, for any such injury to person or property, in which he was not an actual participant, or accessory before or after the fact, according to the rules of common law.
SEC. 6. Be it further ordained, That in all civil actions,
the time between the 2d day of March, 1861, and the 2d day of September, 1866,
shall not be computed in the application of any statute of limitations.
SEC. 7. Be it further ordained, That in all suits now pending, or that may hereafter be instituted, upon contracts in writing, made since the 2d day of March, A. D., 1861, and prior to the 2d day of July, 1865, payable in dollars and cents, parol testimony may be introduced to show the intention of the parties to the transaction; and such parol testimony may be introduced to show that dollars in Confederate, or other paper currency, were intended, and the marketable value thereof at the time of maturity; and the same rule shall obtain where such currency was the consideration of a contract which is otherwise valid.
SEC. 8. Be it further ordained, That all persons domiciliated in the State of Texas, who were absent during the late civil war, against whom any judgment was rendered in this State, since the 1st day of February, A. D., 1861, and previous to the 1st day of August, A. D., 1865, wherein service was obtained by publication, and there was no personal appearance in the suit, and wherein there was no personal service upon, or appearance by, a party who left the State after the 1st day of February, 1861, shall have two years from the 1st day of April, 1866, within which to re-open and set aside such judgment, upon the ground of such absence from the State, which shall have the effect to set aside any sale or disposition of any property of such absentee, made under or by virtue of such judgment.
SEC. 9. Be it further ordained, That no court of this State shall take cognizance of any suit or suits against any county of this State, to recover any debt contracted or incurred by any of said counties, in support of the late civil war; nor shall the people of any county in said State be taxed to pay any such debts.
SEC. 10. Be it further ordained, That no suit or criminal
actions shall be maintained in the courts of this State for any taxes or duties
of any kind, received or collected since the 2d day of March, 1861, and prior
to the 5th day of August, 1865; and all sales of property for taxes between
said dates are hereby annulled and set aside.
SEC. 11. Be it further ordained, That nothing in this or any other ordinance of this Convention contained shall prejudice the right of the State of Texas to recover any United States Bonds, or the value thereof, or money or property of any description, which may have been obtained under contracts, or pretended contracts, or otherwise improperly.
SEC. 12. Be it further ordained, That the following acts of the Legislature of Texas, having had relation to a state of civil war, are hereby annulled, and all proceedings thereunder, now pending, are hereby abated, to-wit;
First,--An act entitled "An Act to exclude from office, serving on juries, taking or holding property, and from the right of suffrage, all persons who take the alien oath, leave our country to avoid the service, or who join the enemy, or in any wise give them aid and comfort." Approved 5th March, 1863.
Second,--An act entitled "An Act to punish persons who evade, or assist in evading, the conscript laws of the Confederate States of America." Approved March 6th, 1863.
Third,--An act entitled "An Act to authorize the use of the jails of the several counties for the custody of deserters, and other offenders under military law." Approved November 27th, 1863.
Fourth,--An act entitled "An Act to Aid Enrolling Officers in discharge of their duties." Approved December 11th, 1863.
Fifth,--An act entitled "An Act supplementary to and amendatory of an act to adopt and establish a Penal Code." Approved December 14th, 1863.
Sixth,--An act entitled "An Act to amend an act to define and punish sedition and to prevent the dangers which may arise from persons disaffected to the State." Approved December 16th, 1863.
Seventh,--"An Act to define and punish the crime of disloyalty to the State of Texas." Approved December 16th, 1863.
Eighth,--An act entitled "An Act to prescribe the punishment for encouraging desertions from the army or navy of the Confederate States, or the State of Texas." Approved December 16th, 1863.
Passed March 30, 1866.