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An Act to amend an Act entitled an Act to amend an Act to establish a Code of Criminal Procedure for the State of Texas. . 1863 18 (1863.2)

handle is hein.slavery/ssactstx0120 and id is 1 raw text is: .IIAPTER Xx! '... . ANx ACT. to au'horfze the Dkrec(6o of the '&'at Penitentiary, to allo the Rna4- ci, l Agent of the oam to purche addition mnachinery, and tomploy ouet ide ',labor for the 'ame.. SOTION 1, Be it enaoted by the Legielatdre of the Sta of Toa, That tLe Directors of the State Penitentiary be, and they are hereby authorized to direct the Fin nlal Agent thereof to purchase, on the best terms possible any machinery that may be necessary to supply the worn-out machiner said Penitentiary, or any additional machinery that they may deem expedient to enlarge the works of the same, by ordering or sending any agent therefor at the risk of the State of Texas. Stco 2. Be it further enacted, That the said Directors are further author- ized to direct the said Financial Agent to employ such outside labor as they may deem expedient, in addition to the convict labor, to carry on the woik- shops and factories of said Pen'tentiary. Szo. 3. That this act take effect and be in force from and after its passage. Approved March 6th, 1863. CHAPTER XXIV. AN ACT to amend an Act entitled an Act to amend an Act to establi8h a Code of Criminal .Proceedure for the State of Teza, approved August 26th, 1850; approved February 15th, 1858. SuoTloN 1. Be it enacted by the Legislature of the &ate of Tea, That arti- ales 150, 190a, 280, 644 and 900, of an act entitled an act to amend an act to !qstabllsh a Codq of Criminal Proceedure for the State of Texas, approved August 26th, 1856, approved February 15th, 1858, be amended so as hereaf- ter to road as follows: Art. 156, Whenever the District Attorney of the proper district is in the county where a cause is heard under abea Corpu., it iS his duty, if the defendant Is accused of a felony, to be present at the hear- ing, and represent the State, for which service he shall be paid twenty -five dollars; and if the District Attbrney is not present at the hearing of such cause, the Judge shall appoint iome well qualified practising attorney to re- prbsent the State, who 'shall be paid the same fee as is allowed District Attorneys for like serviees. Art. 190a. The offence of forgery may be prose- cuted in any county where the written instrument is forged, or where the same is used or passed, or attempted to be used or passed,; and tile offence of counterfeiting may be prosecuted In any county where the ofienc is commit. ted, or where the counterfeit coin Is passed, or attempted to be passed; and tbe offences of perjury and false swearing may be prosecuted i. the county where the offence was committed, or in the couTty where the false statement is used or attempted to be used. Art. 280. In cases of felony the Sheriff cannot, during the term of the court, take the ball, hut must bring the accused .before the court, that he may there enter into recognizance, but if, from any cause, the term of the court should end before such recognizance can be, or is entered into, then and in that event the Sheriff may take bail In such amount as may have been fixed in the case by the court. Art. 844. The following persons only are incompetent to testify In criminal actions: 1. Insane per- sons who are in an insane condition of mind at the time when they are offered as witnesses, or who were in that condition when the events happened of which they are called to testify. 2. Children, or other persons, who, after being examined by the court, appear not to possess sufficient Intellect to relate transactions with respect to which they are interrogated, or who do

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