Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1866-05-05


least twice in each year, in such manner as
may lie prescribed by law.
SEC. q. The District Court shall have
original jurisdiction Of all criminal cases
of all suits in behalf OF the State TO recover
penalties, forfeitures and eschcatsi Of all
cases of divorces; of all suits to recover
damages for slander or defamation or
character; of all suits for the trial Of title
to land; Of all suits for the enforcement Of
liens; of all suits for the trial OF The right
to property, levied on by virtue OF any
writ of execution, scqucstration, or attach
ment when the property levied on shall be
eaual to, or exceed in value one hundred
dollars; and of all suits, complaints or
pleas whatever, without regard to any dis
tinction between law and equity, when the
matter in controversy shall be valued at,
or amount TO, one hundred dollars, exclu-
siyc Of interest; and the said Courts and
tho Judges thereof shall have power to is-
sue writs of Injunction, certiorari, and all
other writs necessary to enforce their own
jurisdiction, and to give them a general
superintendence and control over inferior
tribunals. The District Courts shall have
appellate jurisdiction in cases originating
in inferior Courts, which may be final IN
such cases as the Legislature may prescribe;
and original and appellate jurisdiction anu
general control over the County Court es-
tablishei in each county, for appointing
guardians, granting letters teslamentary
and Of administration for setting inc ac,
counts Of executors, administrators ana
guardians, and for the transaction OF Dusi
ness appertaining to estates; and original
jurisdiction and general control over eXecu-
tors, administrators, guardians and minors,
under such regulations as may be prescribed
by law.
SEC. I. There shall be Clerk OF the
District Court for each county, who snail be
elected by the qualified voters ior members
Of the Legislature, and who shall hoid ms
Office for four years, suD)ect 10 reihoF"i Wy
information or by indictment OF grand
jury, and conviction by petit jury In
case of vacancy, the Judge OF the District
Court shall have the power 10 appoint
Clerk, until regular election can De heia.
SEC. 8. In the trial OF all causes IN
equity in the District Courts, the Plahtih
or defendant shall, upon application maze
in open Court have the right OF trial by
jury, to be governed by the rules and regu-
lations prescribed in trials at law.
Sec. 0. All Judges Of the Supreme and
District Courts shall, by virtue Of their Off
ces, be conservators Of the peace throughout
the State. The style Of oil writs and pro-
cess shall be, "The State Of Texas" all
prosecutions shall be carried on in the
name ana ny the aulhori'y VI .he o'u.e VI
Texas" and conclude against the peace
and dignity of the State"
SEC. 10. In the case of vacancy in the
offices of Justice Of the Supreme Court
Judges Of the District Court, Attorney Gen
eral, and District Attorneys, the Governor
of the State shall have power to fill the
same by appointment, which shall continue
in force until the offices can be filled at the
next general election for State or County
officers, and the successor duly qualified.
Sec. II. The Judges of the Supreme and
District Courts shall be removed by the
Governor on the address of two-thirds of
each House of the Legislature, for wilful
neglect of duty or other reasonable cause,
which shall not be sufficient ground
for impeachment; provided, however, that
the cause or causes for which such removal
shall be required, shall be stated at length
in such address, and entered on the jour
nails of each House; and provided, further,
that the cause OF causes shall be notified to
the Judge SO intended to be removed; and
ba shall he admitted to n hearing in his
own defence. before any vote for such au-
dress shall pass. And in all such cases,
the vote shall be taken by yeas and nays
ond entered ON the journals of each House
resnoctivelv.
SEC l2. No Judge shall sit in any case
wherein he may be Interested, or where
either of the parties may be connected with
him bv affinity or consanguinity, within
such degrees as may be prescribed by law,
or where he shall have been of counsel in
the case. When the Supreme Court, or any
three of its members shall be thus disquali-
fed to hear and determine any case or
cases in said Court, or when no judgment
can be rendered in any case or cases in
said Court by reason of the equal division
of opinion of said Judges, the same shall
be certified to the Governor of the State,
who shall Immediately commission the
requisite number of persons, learned in the
law. for the trial and determination Of said
case or cases. When Judge of the Dis
trict Court is thus disqualified, the parties
NAV, by consent, appoints proper person to
try the said case; or upon their failing to
do so, q competent person shall be appoint
ed to try the same in the county where it is
pending, in such manner as may be prescrib-
ed by law. And the District Judges may
exchange districts, or hold Cour,s for each
other. when they may deem it expedient,
and shall do so when directed by law. The
disqualification of Judges of inferior tribu-
nails shall be remedied, and vacancies in
their Offices shall be filled as prescribed by
law.
SEC. l3. An Attorney General shall be
elected by the people, who shall reside at the
Conital Of the State during his continuance
in ofice whose duties shall be prescribed
hv law who shall hold his Office for four
,,oors and who in addition 10 perouisites
r' shar roce;ve an annual salary of three
sho,,sond ha, doliars which shall NOT be increas-
" =. d;u;n;sbad dnr;ng Ills fern of Office