The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-03-19


\ elected and qualified. In case OF vacancy
! in TIE office OF recorder or clerk OF the
| court in any city. town or village, sucn
vacancy shall be filed by the council or
board OF aldermen for the uncxpred
term only. provided further, that the
board OF aldermen may provide by ordi-
| nance for the mayor TO act as eS-offco
recorder In all cities and towns not operat-
| ing under special charter.
/ Sec. 5. There shall be clerk OF said
corporation court elected by the council
or board OF aldermen Of each such city,
town or village, at the same time ~ which
the recorder Is elected; but in such city,
town or village 1t may be provided by
ordinance that the city secretary shall be
ex-cilicio clerk Of the said court, and may.
| be authorized TO appoint deputy whc'
| shall have the same powers as the
said secretary. The clerk of said
court shall hold his office for two years,
and until his successor is elected and quail
| flied. In case OF an ex-officio clerk IS
aforesaid, who shall hold his office dur
ing his term as city secretary.
! IL shall be the duty OF said clerk to
keep minute Of the proceedings OF the
said court to issue all process, and gem
orally to do and perform all of the duties
Of a clerk of court as prescribed by law
| for the clerk of the county court In 50 far
as the said provisions may be applicable
See g. All rules Of pleading. practice,
and procedure, now established for the
county court, shall apply in said corpora
| ton court In each such city, town or VIII
| lage in SO far as the same are applicable,
except that the proceedings in said court
shall be commenced by complaint, in the
| manner and under the regulations az now
provided by law In cases prosecuted before
| justices Of the peace, and except that tho
recorder need moi charge the jury, except
upon charges requested in writing by the
defendant or his attorney, which such
charges he shall have power to give or re-
fuse under the same rules and regulations
now applicable to the granting or rcfus-
ing of such charges by the county judge in
! criminal cases. That complaints before
such court hereby created and established
may be sworn to before the recorder. clerk
Of said court, the city secretary, the city
attorney or his deputy. each and all Of
which officers. for that purpose, shall have
power TO administer oaths or II may be
sworn to before any other officer author
lied by law to administer oaths; provided
that in all cities towns and villages in
| this State not operating under special char
| ters the rules OF pleading, practice and
| procedure now established for Justices
courts shall apply to said corporation court
In such cities, towns and villages in so
| far as the same are applicable
/
have a seal having engraved thereon a
star Of nye points, in the centor, aud words
| Corporation court in ...,,..... Texas,
the Impress OF which shall be attached to
| All proceedings except subpoenas, issued
out Of said court and shall be used to au-
thenticate tho official acts Of the clerk
and of the recorder, where he is author
lied or required TO use the seal Of office.
| Sec s. That all prosecutions In said
| q
or under the provisions Of the Penal
Code, shall be commenced In the
name OF the State Of Texas, and
shall conclude against the peace
and dignity OF the State" and where the
urense is covered by an ordinance, ths
complaint may also conclude, as contrary
| to the said ordinance; and all prosecu-
lions in such court shall be conducted by
the city attorney of such city, town or
village, or by his deputy; but the county
| attorney OF the county IN which said city
town or village is situated may. II he so
| desires, also represent the State of Texas
| in such prosecutions, but in all such
cases the said county attorney shall not
| be entitled to receive any fees or other
compensation, whatever for said services,
and in no case shall the said county at
torney have the power TO dismiss any
| prosecution pending In said court, unlesa
/ for reasons filed and approved by the re-
| corder of said court
Sec. Q. That the council or board OF
aldermen of each such city, town or VII
lage shall, from time to time. by ordi-
ntiiee prescribe such rules, not inconsist-
ent with the provisions of this act, nor
other laws OF this State, as In the discre-
ton of the council or board of aldermen
may he proper to enforce by execution
against the property of the defendant, or
imprisonment OF the defendant the col
: lection OF all costs and lne imposed by
such court as herein created and estab-
lished. and shall also have power to adopt
such rules and regulations concerning the
practice and procedure In such court as
said council or board of aldermen may
deem proper not inconsistent with the
| provisions of this act nor other law OF
this state, and until the passage of such
ordinance, all rules aud regulations OF
| such city. town or village now in force
concerning the municipal courts therein.
and the enforcement OF collection of fines
and costs imposed by such court, shall
be applicable TO the court hereby created
and established,
Sec. 10. That all costs aud fines I'M
!, posed by the said court In any city, town
! or village, In any prosecution therein
shall be paid into the city treasury of
said city, town or village. for the use and
BENEFIT of tho city town or village
Sec. II. That there shalt be taxed
| against and collected of each defendant
! ia case OF his conviction before such court
such costs as may be provided for by or
diAanoe %. the said city, town o. village.
bat in no case shall the council or hoard
OF aldermen of aud such city. town or viz
| lage, prescribe tho collection OF greater
coats than are prescribed by law to bs
Collected of defendants, convicted before
justices OF the peace
See. H. That the provisions OF the
code OF criminal procedure, now in force
regulating the amount and collection of
Jury and witness fees. and for enforcing
The attendance OF witnesses In criminal
cases tried before Justice OF the peace.
snail, so far as applicable, govern and be
applicable TO the trial of cases before the
corporation court herein created and ca
tablished.
Sec, Is. That The Judge of said cor
poration court. shall have the power Ia
punish fur contempt TO the same extern
and under the same circumstances ~ the
county Judge may punish for contemnt
OF the county court He shall have power
10 take reccgniEnnces, admit to bail. and
forfeit recognlzances and bail bonds under
I, such rules and regulations as now govern,
the taking and forfeiture OF the same m
the county court.
Sec II. That all process issuing OUT Of
said corporation court shall be served by
the chief of police or any policeman OF
marshal OF the city. town or village within
which II Is situated, under the same rules
ana regulations as are now provided nv
law for the service by shartffa ora 80,