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


siding judge, who shall perform such
duties and hold for such term as the court
may prescribe; majority of the court
shall constitute quorum, and the concur
renee of two of the judges shall be neces-
fairy to decision. The court shall sit at the
same times and places as are precribed
for the supreme court. The court and the
judges thereof, shall have power to issue
the writ of habeas corpus, and all such
other writs known to the law as may be
necessary to exercise of its jurisdiction
or to enforce the same. They shall also
have the power by mandamus or other
wise to compel the district and county
courts to proceed with the trial of cases
pending in said courts of which the court
of appeals would have cognizance on APP
peal. The courts shall also have power to
ascertain such facts as may I've necessary
ia the exercise of its jurldiction.
Sec. 16. The court of appeals shall
have appellate jurisdiction co-extensive
with the limits of the state in criminal
cases decided by the district and county
courts. In behalf of the defendant slch
jurisdiction shall extend to all criminal
cases whatever; in behalf of the state its
jurisdiction shall extend only to judy
ments in favor of the defendant, or gem
eral exceptions to indictments and inf Jr-
nations involving matters of substance
and not amendable; provided, that pro-
ceedings had for the forfeiture of bail
bonds and recognizances shall be subject
to the rules governing appeals in civil
cases.
Sec II. The court of appeals shall APP
iY,4 ola, Sc, %. iok
may sit, who shall hold his office for four
years, subject to removal by the cortland
who shall give such bond as is or may be
prescribed by law.
DISTRICT COURTS.
Sec. IS. The state shall be divided into
a convenient number of judicial districts,
consisting of one or more counties. Reg
ular terms of the court shall be held by
the district judges at the county seat of
each county in the district at least twice
in each year, in such manner as may be
prescribed by law.
Sec. 49, There shall be district Judge
for each judicial district, who shall be
elected by the qualified voters of a district
| at general election. He shall hold his
office for the term of six years from the
date of his election. The district judges
who may be in office when this amendment
takes effect, shall hold their offices until
the expiration of their several terms under
the present constitution and laws.
Sec. 90. Each district judge shall be
qualified voter, shall have arrived at the
age of twenty eight years, and shall have
been practicing lawyer in this state, or
Judge of court of record therein, or
such judge and lawyer together, at least
six years, and shall reside IN his district
during his term of Office.
Sec. p. Each district Judge shall re-
ceive an annual salary of not less than
three thousand six hundred dollars.
Sec. 90. The district courts shall be
courts of general jurisdiction. They shall
have original jurisdiction, both civil and
criminal of all cases and special proceed
ings of which exclusive jurisdiction is not
conferred on some other court, and in
civil cases such jurisdiction shall be exer-
cised without regard to any distinction
between law and equity. Contested cleo.
tions and other special cases, where the
right to resort to the courts arises only
out of Legislative action, may be referred
by the Legislature to the district court, or
other tribunal, with or without the right
of appeal to the supreme court, as may
be provided by law.
Sec. %. The district court of each
county shall have appellate jurisdiction
and general supervision anu control il
civil cases, and in matters of probate over
the county court of such county, and over
all inferior courts and tribunals in the
county, under such regulations as are OF
may be prescribed by law.
Sec. "a. The district courts, and the
judges thereof, shall have power to issue
the writ of habeas corpus, and to render
Judgment therein either in vacation or in
term time. They shall also have power
to issue certiorari and all other writs
known to the law which may be necessary
to the exercise of their jurisdiction or to
enforce the same, and to issue writs of
mandamus against the commissioner of
the general land Office, returnable to the
district court at the seat of government.
Sec 20. Any district Judge shall have
power to hold a special term of the dis
trict court in any county of his district
under such circumstances and in such
manner as may be directed by general or
special law.
Sec 26. There shall be clerk of the
district court of each county, who shall be
elected by the qualified voters of the
county, and who shall hold his Office for
two years, whose duties, fees and perqui-
sites shall be prescribed by law.
Sec. 81. The judicial districts in this
state, and the time of holding courts
therein, shall remain as at present until
otherwise provided by law.
Sec. 20. The criminal district court of
Galveston and Harris counties shall con-
tinue with the jurisdiction, organization
and district now existing until otherwise
provided by law; and the legislature may
establish such other courts, embracing one
or more counties, with such criminal juris-
diction as may be provided by law. The
qualifications and salaries and tenure of
Office of the judges of said courts shall be
prescribed by law.
Sec. 20. The legislature may also, when
the public interest may require it, estab-
lish in any county other district courts,
having such civil jurisdiction as may be
provided by law. The qualifications and
salaries and tenure of Office of the judges
of such courts shall be prescribed by
law.
Sec. 80. Grand juries In the district
and criminal courts shall be composed of
not less than twelve nor more than eigh-
teen men, who shall be selected in such