Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1866-11-10
AN ACT
To organize the County Courts, and
to Define the Powers and Jurisdic-
tion thereof.
AN ACT

| SEC, l, BGW eHdctcd Oy tHe LegS'
iature Of the Stateof TerdS, Thatth
Judges of the County Courts shall,
by virtue of their offices, be conscr.
I avtors of the peace, through their
respective counties. In addition to
the fees of office heretofore allowed
by law to the Chief Justices of the
several counties, he shall be entitled
to demand and receive the sum of
three dollars, which shall be taxed
in the bill of costs, against the par
ty cast in the suit. In all criminal
cases, the party convicted shall pay
the sum of three dollars, to be taxed
rs aforesaid in the bill Of costs, and
when collected, shall be paid into
TIE County Treasury. The County
Judge may receive salary to be
fixed by the Police Court, not to ex-
cecd the sum of two hundred and
fifty dollars per annum, to be paid
out of the County Treasury.
Sec. 2. The Judges Of the County
Court shall be liable to removal from
Office for neglect of duty, incompe-
tency, or malfeasance, on the COM
plant of any person, by petition,
filed in the District Court of the
county, and service had as in other
cases; the accused party to be al
lowed all legal defences, and to plead
and answer, as in other suits.
Sec. 3. In addition to the powers
andjurisdiction ofthe County Courts
as now conferred by law, said courts
shall have original, concurrent ju-
risdiction of all suits against the
county which may be allowed by
law, and to hear and determine all
suits or prosecutions in the name Of
the State, by presentment, or infor-
matien, or indictment, for misde-
meanors or petty offences, as the
same are now, or may hereafter be,
defined by law; also, of all suits
for the recovery of specific proper
ty, or the value thereof; torts, tres
passes, OF injuries to person or prop
erty; also, Of all breaches or viola
tions of the revenue laws of the
State; of all suits for the recovery
of money on any account, bill, bond,
note, or other instrumental writing.
And the enumeration herein shall
not prevent said courts from having
and exercising Jurisdiction in all
matters properly cogniza bl by
them Provided, hooeuer, that the
sum sought to be recovered, or the
value of the specific article of prop
erty, or the amount in controversy
be not less than one hundred dol
lars, and do not exceed five hundred
dollars, exclusive of interest Pro-
uided, further, that the County Court
shall not have jurisdiction to try
any action of trespass, to try any
title to land, nor Of any suit for di-
vcrce, Or alimony, or actions of SIAN
der, or to enforce vendors liens or
for the foreclosure Of mortgages on
land.
SEC. 4. For the trial of all suits
growing out Of matters enumerated
in the preceding Section, there shall
be begun and holden at the court
houses of the respective counties
throughout this State, a term of the
County Court, commencing on the
first Mondays in February, April,
June, August, October and Decem-
Der, of each year, and may remain
in session until the business is dis
posed Of.
SEC. 5, All laws regulating pro-
ceedings in the District Courts are
hereby made applicable to the Coun
ty Courts, except in so far as the
same may be controlled by or in
with the provisions of this
act.
SEC. 6. The Judges of the County
Courts, either in vacation or term
time, shall have power to grant, on
writs of mandamus, injunc-
ton, sequestration, attachment, and
other remedial writs, and all other
processes necessary to enforce their
own jurisdiction, returnable accord
ing to law; Provided, thesame have
respect to matters over which said
Courts may or can have ju-
risdiction in their respective coun-
ties and Provided further, that no
peremptory mandamus shall be
granted without notice; and Prouid-
ed, further, that no writ of manda-
mus shall be sued out, before a Coun-
ty Judge, against any-read of the
Of the Government.
SEC. Z. Where any Judge of a
Court shall be disqualified
by reason of interest in the cause
or where he may be con-
nected with any of the parties by
or affinity in the
third degree, or where he may>have
beeu counsel in the cause, the par
ties may, by consent, appoint some
other person to try the case, and his
acts and decisions shall be as valid
ts IL uOuc Wy Iho JuuBO, LfVOtuOU,
that where the parties fail to agree
upon such person, on or by the close
Of the term to which the writ is re-
the suit shall be removed
into the District Court Of the coun-
ty, for adjudication therein and it
shall be the duty Of the Clerk Of
the County Court, Immediately up
on the adjournment of the same, to
transmit, without delay, all of the
papers in the cause 70 the
Clerk Of the District Court of his
in a scaled envelope, accom-
panied by a certificate, under his
hand and seal Of court, certifying to
the disqualification of the County
Judge, and to the failure of the par
ties TO agree upon a special Judge,
and the case shall stand for trial in
the District Court as an original
suit; and all cost of proceedings
had, under this section, shall be
taxed against the party cast in the