Creation of Marion County


The county was named for American Revolutionary War hero Francis Marion, the "Swamp Fox."


Approved February 8, 1860.

CHAPTER 48. An Act creating the county of Marion, and providing for the holding of the District Courts therein. 

Section 1. Be it enacted by the Legislature of the State of Texas, That from and after the passage of this act, all that portion of the territory included in the following limits, to-wit:-Beginning at the South East corner of Cass county, and running thence North with the East boundary line of said county of Cass, thirteen miles; thence due West to Big Cypress Bayou in the county of Titus, and thence with the meanderings of said Bayou in a South Easterly direction, to the North West corner of Harrison county, and thence down said Bayou with the North line of Harrison county to the place of beginning, be and the same is hereby created into, and is hereby constituted a separate county, for judicial and other purposes, and shall be vested with all the rights and privileges exercised and enjoyed by the several counties of this state, and shall be called the county of Marion. 

Sec. 2. That the town of Jefferson on Big Cypress Bayou, be and is hereby made the seat of justice or county site of said county, and that the District and County Courts shall be holden at that place, and the officers of said county be governed by the laws pertaining to the several counties of the State, relative to the holding of their office and all other things pertaining to their duties. 

Sec. 3. That D. S. McKay, James T. Sharp and Eli Moore be and are hereby appointed Commissioners, with full power and authority to organize the said county of Marion, and it shall be their duty, as soon as practicable after giving the notice as required by law, for the organization of new counties, to open and hold an election for Chief Justice, County Commissioners, Sheriff, Clerks of the District and County Courts, and all other officers directed by law, for the other counties of this State. and said Commissioners shall receive. for the use of said county of Marion, any donation or donations of lands for public use, and that so soon as the said county is organized, they shall make a report in full of all their actions performed as Comissioners, to the County Court of said county of Marion, and turn over to said Court all the papers pertaining to said organization, as records of office, of the said County Court. 

Sec. 4. That the Commissioners appointed by this act shall, before entering upon the duties of their office, take and subscribe to an oath, before some Justice of the Peace of Cass county, for faithful and impartial discharge of their duties; and said Commissioners are hereby authorized and empowered to qualify the first Chief Justice, and other officers of said county. 

Sec. 5. That said county of Marion shall be and constitute a part of the Eighth' Judicial District of, this State, and 'the first term of the District -Court shall commence therein; on the second Monday before the first Monday in August, 1860, and )may continue in session two- weeks, and that the District Courts in said county, shall commence, thereafter, on the second Mondays before the first Mondays in February and August, and may continue in session two weeks. 

Sec. 6. That after the organization of said county, the County Court may take measures to have so much of the records of the counties of Cass and Titus, as pertain to the territory of said county of Marion, transcribed for the use of said county of Marion, and. have the same properly authenticated by the Clerks of each of said counties, and when the same is done, said records shall be good and valid to all intents and purposes, as the records of other counties of this State. 

Sec. 7. That when any suits now pending in either of the counties of Cass or Titus, that would be proper in accordance with existing laws of this State to be brought in said county of Marion, may be transferred to said county of Marion, by consent of all of the parties to said suits, provided, that said county of Marion shall not be taxed with any costs accrued thereon prior to the passage of this act.

Sec. 8. That this act be in force from its passage. Approved February 8, 1860.


Source: Gammel's The Laws of Texas