Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-08-10

Sec. 8 The district court shall have orig
inal jurisdiction in all criminal cases of the
grade of felony: in all suits in behalf OF the
state to recover penalties. forfeitures, and
escheats: Of all eases of divorce; of all mis-
demeanors involving official misconduct: of
all suits to recover damages for Islander or
defamation of character: of all suits for
trial of title to land and for the enforcement
of the liens thereon: of all suits for the trial
of the right of property levied upon by
virtue of any writ of execution, sequestra-
tion or attachment when the property levied
on shall be equal 10 or exceed in value 500 :;
of all suits, complaints or pleas whatever,
without regard to any distinction between
law and equity. when the matter in contro-
yersy shall be valued at or amount to $500
exclusive of interest of contested elections ::
and said court and the judges thereof shall
have power TO issue writs of habeaS corpus,
mandamus. injunction, and certiorari. and
all writs necessary to enforce their jurisdic-
ton. The district court shall have appel
late jurisdiction and general control in pro-
bate matters over the county court eStab-
ished il each county, for appointing guar
diane, granting letters testamentary and of
administration, probatlng wills, Tor set
Ting the accounts Of executors, adminiStra-
tors and guardians, and for the transaction
of all business appertaining to estates; and
original jurisdiction and general control
over executors, administrators, guardians
and minors, under such regulations as may
be prescribed by law. The district court
shall have appellate jurisdiction and gen
eral supervisory control over the
county commissioners court, with
such exceptions and under such reg
ulations as may be prescribed by law !;
and shall have general original jurisdiction
over all causes of action whatever for which
a remedy or jurisdiction is not provided by
law or this constitution, and such other jur-
iSdicton, original and appellate, as may be
provided by law.
Sec H. No Judge shall sit in any case
wherein he may be interested, or when
either Of the parties may be connected with
him either by affinity or consanguinlty
within such Il degree as may be prescribed
by law or when he shall have been counsel
i'll the case. When the supreme court. the
court of criminal appeals, the court of civil
appeals or any member Of either, shall be
thus disqualified to hear and determine auy
case or cases III said court, the same shall
be certified to the governor of the state.
who shall Immediately commission the
requisite number OF persons learned III the
law for the trial and determination of Sucn
cause or causes. When a Judge of the dis
trict court is disqualified by any Of the
causes above stated. the parties may by
consent appoint Il proper person TO Try said
case: or. upon their failing 10 DO so. d COM
same in the county where it is pending, in
such manner as may be prescribed by law.
And the district Judges may exchange dis
tlictS or hold court for each other when
they may deem it eXpedient, and shall do so
when required by law. This Disqualified
tion of judges Of inferior tribunals shall be
remedied and vacancies in their offices filed
as may be prescribed by law
See T.. All Judges OF courts of this state.
by virtue of their Office, be conservators of
the peace throughout the state. The Style
of all writs and processes shall be The
State of Texas" All prosecutions shall be
carried on in the name and by authority of
the State of Texas, and shall conclude
Against the peace and dignity of the
state"
Sec. Is. The county court shall have orig
inal jurisdiction Of all misdememors Of
which exclusive original jurisdiction is not
given TO the Justices court as the same is
now or may hereafter be prescribed by law,
and when the fine to be imposed shall eX-
coed 500; and they shall have exclusive
jurisdiction in all civil cases when the mat
Ter in controversy shall exceed in value
$500 and not exceed 500, exclusive Of inter
est; ana concurrent jurisdiction with the
district court when the matter III cOutro-
vcrsy shall exceed 500 and not exceed
$1,000, exclusive of interest, but shall not
have jurisdiction of suits for the recovery
of land. They shall have appellate juris-
dCtiOu in cases civil and criminal, Of which
Justices courts have original jurisdiction
but of such civil cases only when the judy
ment of the court appealed from snail eX-
coed $50, exclusive OF costs, under such reg
ulatlOus as may be prescribed by law. In
all appeals from Justices court there shall
be a trial de uOVo IN the county court and APP
peals may be prosecuted from the final judy
ment rendered III such cases by the county
ss1 civ iV,-rI
of which the county court has exclusive or
or original jurisdiction of civil
appeals, IL civil cases 10 the court OF civil
appeals. and in such criminal cases to the
court of criminal appeals, with such eXcep-
tOnS and under such regulations as may be
prescribed by law. The county court shall
have the general Jurisdiction of probate
court: they shall probate wills, appoint
guardians of minors, idiots, lunaticS, per-
sons non compos mentis, and common
grant letters teStamentary and
Of administration; settle accounts of exc
cutorS; transact all business appertaining
10 deceased persons, minors, idiots, lunatjCS,
persons non compOS InentlS, and common
including the settlement. parti-
ton and distribution Of estates of deceased
persons; and to apprentice minors as pro-
yided by law; and the county court or
Judge thereof; shall have power to issue |
wl'itS OF injunction. mandamuS, and all
SvritS necessary TO the enforcement of the |
jurisdiction OF SaiQ court, and to issue writs |
Of habcas corpus in cases where the offense
charged is within the jurisdiction of the
county court or any other court or tribunal |
inferior to said court. The county court |
shall not have criminal Jurisdiction in any |
county where there IS criminal district |
court, unless expressly conferred by law;
and in such counties appeals from justices |
,ourt ana other inferior courts and tri- |
Duuals in criminal cases snail be to the |
criminal district court, under such Iegula- |
lions as may be prescribed by law. and in |
such district court to the court of criminal |
appeals. When the Judge Of the county |
court is disqualified in any case pending in |
ne county court the parties interested |
nay by consent appoint proper person TO |
ny said case, or upon their failing TO do So !
competent person may 6e appointed to try |
he same il the county where il is pending |
II such MARINER as may be prescribed by |
aw.
Sec. p. The supreme court shall have
1ower to make and establish rules of pro-
'edure not inconsistent with the laws of |
he state, for the government of said court |
md the other courts of this state, to eXpe-
lite the dispatch of business therein.
Sec IS. Vacancies in the Office of judges
# the supreme court, the court of cG'imi-
nal appeals, the court of civil appeals, +
md district courts, shall be filled by the
governor until the next succeeding general |
election. and vacancies in the Office Of |
'ounty judge and justice of the peace shall
Re filed by the commissioners court until
ne next general election for such offices.
Sec %. The foregoing constitutional
,u1auiuppr shall no S1Ihrr,i-t al In vOta Of |