Washington telegraph., 1845-10-08

necessary to ENFORCE its jurisdiction; and also
compel a Judge of the District Court TO proceed
to trial and Judgment in cause; and the Supreme
Court shall mold it, sessions once every year, be-
tween the months of October and June inclusive,
and Judges thereof, shall have power to issue the
/ writ Of Habeas Corpus, and under such rernla-
tons may be prescribed by law, nl;rv issue wrts
of mandamus, and such other writs 5 shall b..
at not more than three places in the State.
SEC, 4. That the Supreme Court shall appoint
its clerks. who shall hold their offices for
four years, and be subject 10 removal by the said
Court for neglect Of duty, misdemeanor in office.
and such other causes may be prescribed BY
law.
SEc- 5. The Governor shall nominate. and by
and with the advice and consent Of two-thrds Of
the Senate, shall appoint the Judges of the Su-
preme and District Courts, and they shall hold
their Offices for SIX wears.
SEc. 6. The State shall be dvidodi into caaTe-
nient Judicial Districts For each District there
shall be appointed Judge, who shall reside IN The
same, and hold the courts AT place in each
county, and al least twice in each year IN such
manner may be prescribed BY law.
SEC. Z. The Judges of the Supreme Court shall
receive salary not less than thousand dollars
annually, and the Judges Of the Distrci Court
salary not less than seventeen hundred aud fifty
dollars, annually; and the salaries Of the Judges
shall not b. increased or diminished during their
continuance ia office.
>Ec. i. The Judges Of the Supreme and Dis
trict Courts. shall be removed by tie Governor Oh
the address Of two-thirds Of each House Of tn.
Legislature, for wilful neglect Of duty, or other
reasonable cause. which shall not be sufficient
ground for the impeachment: provided. however.
that the cause or causes for which such removal
shall be required shall BE- stated AZ length III suc
address, and entered the journals or each
House; and provided further, that The caHsr or
causes shall Be notified 10 the Judge ntenlrd 70
be removed; and he shall BE- admitted to a hearing
in his own defence, before any vote for such ad-
dress shall pass; and in all such cases the vote
shall be taken by yeas and nays, and entered ON
the journals Of each House respectively.
SEc. 3. All Judges Of the Snpr-mr aud DiS-
trct Courts shall, by virtue Of their Offices h cnn-
servators Of the peace throughout the State. The
style Of all wrs and process, shall be "Thr State
Of Texas" All prosecutions shall b. carried on III
the name and BY the authority Of the -S;aie Of
Texas" and conclude against the peace and
dignity Of the State"
SEC. 10. The District Court shall have origi-
nal jurisdiction Of all criminal cases. OF all suits
in behalf of the State 10 recover penalties for
FIXTURES and escheats and all OF divorce and
Of all suits, complaints and pleas whatever, with.
out regard to any distinction between law and
equity, when the matter IN controversy shall be
valued at, or amount TO, one hundred dollars. ex-
elusive of interest; and the said Courts. or the
Judges thereof, shall have power to issue all wnt~
necessary to enforce their own jurisdiction and
give them general superintendent aud conirol
over inferior jurisdictions
And IN the trial OF all criminal Cases, the Jury
trying the shall fine and assess the amount
Of punishment to be inflicted, or fine imposed:
except in capital cases, and where the punish
ment or fine imposed shall be specifically imposed
by law.
SEC. III. There shall be a Clerk Of the District
Court for each county, who shall be elected by
the qualified voters for members Of tile Lcpisla-
ture "a who shall hold hi Office FOR four years
srbect 20 removal by information, or by present.
ment OF grand jury and conviction OF a pitt
jury. La case OF vacancy, the Judge Of the Dis
trict shall have the power TO appoint Clerk un-
I'll a regular election can be held.
SEC. IL. The Governor shall nominate. aud
by and with the advice and consent of t.rs thirds
Of the Senate appoint Attorney General. who
SHAH nolc hs office for two years and there shall
be elected By joint vote OF both Houses uf Tile
Legislature, District Attorney for each District
who shall hold his office for two wears: and the
duties, salaries and perqusites of the ATTORNEY
General, and District Attorneys, shall b. prescrb-
ed by law.
SIC. 10. There shall be appointed for each
county, convenient number Of Justices Of tie
Peace, Sheriff, one Coroner and sufficient
number OF Constabl-s, who shall hold their offices
for two years, to be elected iby the qualified voters
Of the District or County. the Legislature NAV
direct. Justices of the Peace, Sheriff and Coro-
ner, shall be commissioned by the Governor. Tn.
Sheriff shall not be eligible more than four years
in every six.
SIC. lI. No Judge shall sit in any case where
ID he may BE- interested, or where either Of THE
parties may be connected with him by affinity or
consangunty, willAn such degrees may b. pre-
scribed by law, where he shall have been OF
counsel in the cause. When the Supreme Court
any two of its members shall be thus qua flied to
hear and determine any cause in said
Court, or when no judgement can be rendered IN
any cases ia said court, by reason or opin-
ion Or Judges, the same shall b. certified 70 The
Governor OF the State, who shall Immediately
commission the requisite number Of persons learn
ed la the law, for the trial and determination Of
said case cases. When the Judges Of the Dis
trict Court are thus qualified, the parties may. by
consent, appoint proper person TO try the said
case; and the Judges OF the said Courts may cx-
change Districts hold Courts for each other.
when they may deem il expedicnt. and shall DO ~
when directed BY law. The qualifications OF
Judges OF inferior tribunals, shall be rcnedied a.
may hereafter by law be prescribed.
SEC. Is. Inferior tribunals shall BE- establish
ed IN each county for appointing guardians, grant
ing letters testaneniasy. and of administration.
for settling the accounts Of ecitors, adIninstra
tors and guardians, and fir the transaction 5i
business appcrta aiming TO estates. aud The District
Courts shall have original and appellate iurisdic-
ton. and general control the said inferior tn-
bunaIs, and original jurisdiction. and control over
executors, administrators, guardians and minors,
under such regulation may be prescribed BY
law.
SEC. l6 In the trial of all causes in equity in
the Districi Court, the plaintiff defendant, SHALL
upon application made in open court, have the
right Of trial BY jury, 10 b. governed by ihe rules
aud regulations prescribed in trials at law
SEC. ~. Justices OF the Peace shall have such