Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-08-09
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state to recover penalties. forfeitres, anC
escheats; of all cases OF divorce: of all mis-
demeanors involving official misconduct; o
al suits to recover damages for SANDER Of
| defamation of character; of all suits fol
trial OF title TO land and for the enforcement
OF the liens thereon: Of all suits for the tria
OF the right of property levied upon by
| virtue OF any writ of execution SeQueStTa
ton or attachment when the property levied
on shall De equal 10 or exceed in value 500
OF all SUITS, complaints or pleas whatever
| without regard TO any distraction between
law and equity, when the matter in contro.
versy shall be valued al or amount 10 500
exclusive OF interest of contested elections
ami said court and the Judges thereof shall
| have power toissue WritS OF habaas corpus,
mandaInuS. injunction, and Certicrari. and
| all writs necessary 10 enforce their iurisGic-
uon. The district court shall have appel
| late jurisdiction and general control in pro-
bate matters over the county court eStab-
! hsned IN each county, for appointing guar
| dians, granting letters testamentaIy and of
administration, probating wills, Tor set
| Ting the accounts OF executors. admnisfra-
tors and guardians, and for the transaction
| OF all business dppertalnIng 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
q remedy or jurisdiction IS not provided by
| law or this constitution, and such other iu,-
| isdiction, original and appellate. as may De
| provided by law.
| Sec. il. No Judge shall sit in any case
| Wherein no int It pt
| either OF the parties may be connected with
| hun either by affinity or cOlsauguilitY
| within such a degree Us 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 he
thus disqualified to hear and determine any
case or cases III said court, the same shall
De 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 su.h
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 proper person 70 try said
case: or, upon their failin" to do so. a COM
petent person may be appointed TO t.,y TIE
same in the county where ii is pending. in
such manner as may be prescribed by law
And the district Judges may exchange dis
they may deem IL eXpedient. and shall do so
when required by law. This di>quaiifica-
ton Of judges OF inferior tribunals shall he
reIredied and vacancies in their offices filled
as may be prescribed by law.
Sec. II. All judges of courts of This state.
by virtue OF their office, be c9nscrVatorS OF
the peace throughout the state. The style
OF all wits and processes shall be The
State OF Texas" AL 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. 16. The county court shall have orig
inal jurisdiction of al misdemeanors Of
which exclusive original Jurisdiction is not
given to the Justices court rs the same Is
now or may hereafter be prescribed by law
and when the fine to be imposed shall CIV
coed 500; and they shall have exclusive
jurisdiction in all civil cases when the mat
Ter in controversy shall exceed i'll value
500 and not exceed $500, exclusive of inter
est and concurrent jurisdiction with the |
district court when the matter in COatro- |
versy shall exceed $500 and not exceed |
$1,000, exclusive of interest, ont shall no. !
have jurisdiction of suits fer the recovery /
OF land. They shall have appellate juris- !
diction in cases civil and criminal. OF which I
Justices courts have original jurisdictions |
but of such civil cases only when the iuGg- |
ment of the court appealed from snail ex-
coed $50, exclusive of costs, under such REG
ulations as may be prescribed by law. In |
all appeals from Justices court there shall |,
be trial de nOvo il the county court and an /
peals may he prosecuted from the final iude- |
ment rendered in such cases BY the county |
court. as well as all cases civil and criminal
of which the county court has exclusive or
concurrent or original jurisdiction Of civil |
appeals, IL civil cases 10 the court of civil |
appeals, and in such criminal cases 10 the
court of criminal appeals. with such exccp-
lions and under such regulations as may De
prescribed by law. The county court shall
have the general jurisdiction of a probate |
court; they shall PROBATE wills. appoint
guardians of minors, idiots, iUUatics. per
sons non colnpoS mentiS, and common |
drunkardS; grant letters testamentary and
Of administration: settle accounts OF exc.
cutors; transact all business appcrtaining
10 deceased persons, minors. idiots luuali,
persons non cOmpoS mentis, ard common |
including the settlement. parti-
ton and distribution of estates of deceased
persons; and TO apprentice minors as pro-
v:ded by law; and the county court or
Judge thereof; shall have power to issue
Trits of injunction, mandanus and all
wits necessary to the enforcement OF the
Jurisdiction of said court. and Ia issue wlits
If habeas corpus in cases where tho of-ense
charged is within the jurisdiction Of the
county court or any other court OF tribunal |
Inferior to said court The county court
shall not have criminal jurisdiction in any
county where there is a criminal district !
,ourt, unless expressly conferred by law
md in such counties appeals from Justices
,ourt and other inferior courts and tri-
)unalS in criminal cases shall be TO the |
'riminal district court. under such reglIIa-
ions as may be prescribed by law, and in |
II such cases an appeal shall lie from |
uch district court to the court of criminal
appeals. When the Judge of the county
curt is disqualified in any case pending in |
he county court the parties interested |
nay by consent appoint a proper person to
ny said case, or upon their falling to do so. |
competent person may be appointed to try
he same in the county where it is pending. |
Il such manner as may be prescribed by
aw.
Sec. %. The supreme court shall have
ower to make and establish rules of pro-
edure not inconsistent with the laws of
he state, for the government of said court
nd the other courts of this state, to expo-
lite the dispatch of business therein.
Sec. IS Vacancies in the Office Of Judges
+ the supreme court, the court Of cri1n!-
al appeals, the court of civil appeals |
nd district courts, shall be filed bv the
overnor until the next succeeding general
lection, and vacancies in the Office of
ounty Judge and justice Of the peace shall
e filed by the commissioners court until |
he next general election for such offices.
Sec %. The foregoing constitutional |
shall be submitted to vote of |
ne qualified electors of the state at an
lection to be held throughout the state on
be second Tuesday in August, \. D., 1891.
t which election all voters favoring said |
roposed amendment shall write or have