TEXAS COURT OF CLAIMS
TEXAS COURT OF CLAIMS. The Texas Court of Claims was established on August 1, 1856, to handle claims against the Republic of Texas and the state, particularly land claims based upon military service. A commissioner of claims, elected by joint vote of the two houses of the state legislature, was to serve until January 1, 1858. Two years were allowed for registry of land certificates of every description, certain specified classes of certificates being exempt. The commissioner of claims was given the functions of a special commission that had been set up under an act of January 29, 1840, to investigate claims for headrights and colonization grants; this special commission had expired in 1842. Also assigned to the commissioner's office were claims growing out of an act of March 20, 1848, for validation of Mexican land grants; an act of February 9, 1850, granting lands to heirs of soldiers of the Texas Revolution, and an act of February 11, 1854, allowing compensation for services and supplies furnished to the Republic. Two rooms in the basement of the Capitol were set aside for the Court of Claims, and the commissioner was allowed two clerks. An act of January 16, 1858, further defined the duties of the commissioner and extended his term to September 1, 1859, when his duties were supposed to be taken over by the comptrollerqv. In February 1858 the legislature liberalized the bases for proof of claims and authorized a larger number of specified land certificates. The Court of Claims was reestablished by the legislature on February 8, 1860, and the commissioner's term of office was extended to January 1, 1862. Applications were to be made to the local district court or to the county court, that court then forwarding the claim to the Court of Claims. The commissioner was authorized to reject claims which he believed fraudulent, but persons who were thus refused were given the privilege of suit in the Travis County District Court. No special Court of Claims has existed in Texas since 1862, and since that time claims against the state have been referred by the legislature to a committee on claims in the House of Representatives. See also LAND GRANTS.
Hans Peter Nielsen Gammel, comp., Laws of Texas, 1822–1897 (10 vols., Austin: Gammel, 1898).
Image Use Disclaimer
All copyrighted materials included within the Handbook of Texas Online are in accordance with Title 17 U.S.C. Section 107 related to Copyright and “Fair Use” for Non-Profit educational institutions, which permits the Texas State Historical Association (TSHA), to utilize copyrighted materials to further scholarship, education, and inform the public. The TSHA makes every effort to conform to the principles of fair use and to comply with copyright law.
For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml
If you wish to use copyrighted material from this site for purposes of your own that go beyond fair use, you must obtain permission from the copyright owner.
The following, adapted from the Chicago Manual of Style, 15th edition, is the preferred citation for this article."TEXAS COURT OF CLAIMS," Handbook of Texas Online (http://www.tshaonline.org/handbook/online/articles/jptzr), accessed February 11, 2016. Uploaded on June 15, 2010. Published by the Texas State Historical Association.
Get Texas history everyday,
with day by day
Each day's email tells a little bit more of the story of Texas and links to our collection of more than 27,000 articles