The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1886-06-17

jurisdiction in criminal matters of all
cases where the penalty or fine to be inn
posed may not exceed one hundred dol
lars, and in civil matters of all cases
where the amount in controversy is one
hundred dollars or less, exclusive of inter-
est, of which exclusive original iurisdic-
ton is not given to the district or county
courts, and such other jurisdiction, civil
and criminal, as may be provided by law,
They shall hold their court at such times
and places as may be provided by the
| legislature, or by the commissioners
courts, undei its authority. Justices of
the peace shall be ex-officio notaries
public.
Sec. ~. Mayors and recorders of cities
and towns exercising under their charters
judicial authority, shall have the criminal
| jurisdiction of a justice of the peace co
extensive with the corporate limits, of
such cities and towns.
GENERAL PROVISIONS.
Sec. As. No judge shall sit in any case
wherein he may be interested, or where
either of the parties may be connected
with him by affinity or consanguinity
within such degree as may be prescribed
by law, or where he shall have been of
counsel in the case. When Justice of
the supreme court, or a judge of the court
of appeals shall be disqualified to hear
and determine any case or cases in said
court, the same shall be certified by such
court to the governor of the state, who
shall Immediately commission the requis-
lite number of persons, learned in the
law. for the trial and determination of
said case or cases, which commission
shall expire on the termination of such
case or cases. When a Judge of the dis
trict conrt is disqualified the parties may
by consent appoint proper person to
try the case, or upon their failure to do
so, a competent person may be appointed
by the governor to try the case in the
county where it is pending, in such man
ner as may be prescribed by law.
The district judges may exchange dis
tricts, or hold courts for each other when
they may deem it expedient, and shall do
so when directed by law. The disqualifi-
cation of judges of inferior tribunasl
shall be remedied as may be prescribed
by law. The legislature shall have power
county courts when the judges thereof
may be absent, disabled or disqualified
from acting.
Sec, 40. The judges of the several
courts shall, by virtue of their offices, be
conservators of the peace, co-extensive
with the limits of their jurisdicti IN.
Sec. so. The style of all writs and pro-
cess shall be ''The State of Texas" All
prosecutions shall be carried on in the
name and by the and by the authority OF
''The State OF Texas" and shall conclude
against the peace and dignity of the
State"
Sec. 81. In the trial of all causes in
the district and county courts, any par
ty shall, upon application made IL
open court, have the right of trial by jury
but no jury shall be empanelled in any
civil case unless demanded by party to
the case, and jury fee be paid by the
party demanding the jury, in such sun
and with such exceptions as may be pre-
scribed by the legislature.
Sec. 81. When, pending the trial o.
any case, one or more jurors not exceed
ing three, may die or be disabled from
sitting, the remainder of the Jury shall
have power to render the verdict; pro
vided, that the legislature may change o
modify the rule authorizing less than thu
whole number of the jury to render {
verdict.
/ Sec. 53. County judges, clerks of the dis
| trict and county courts, sheriifs, justice
3 of the peace, constables and other count
: and precinct officers, after due notice
may be removed by the judge of the dis
) trict court for incompetency, official mis-
conduct, habitual drunkenness or othe
causes defined by law, upon the caus
therefor being set forth in writing an,
| the finding of its truth by jury.
Sec. 81. Vacancies in the offices 0
Justice of the supreme court, judge of tn
court of appeals and district Judge shall
be filled by the governor until the mex
general election. Vacancies in the of
fees of clerk of the district court an,
sheriff shall be filed by the distric
judge for the unexpired term. Vacan
cies in the Offices of county commissioner
county clerk, and county attorney shal
be filled by the county judge for the un
expired term. Vacancies in all othe
county offices shall be filed by the com
missioners' court of the county for the
unexpired term.
Sec 55. All officers created by this ar
tic!e shall, except in case of death, re
moval or other disqualification, hold thei
offices until their successors shall hav
duly qualified; and all county officer
who may be in office when this amend
ment shall take effect, shall hold thei
said offices until the expiration of thei
respective terms under the present con
stitution and laws.
Sec. 56. All causes pending in an
of the courts at the time this amendmen
may take effect, of which exclusive juris
diction is hereby given to some othe
court, shall immediately be transferred tt
such other court, together with certife,
copy of ali the proceedings had in thu
case.
Sec 81. In the event of the absence o
inability to act of the district or count,
attorney, sheriff or clerk, the presiding
judge may appoint temporarily prope
person to act in the place of the Office
so absent or unable to act.
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