Texas Almanac, 1947-1948 Page: 65
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STATE CONSTITUTION. 65
Article V.-(Continued.)
Sec. 8. Jurisdiction and Powers of the Dis-
trict Courts.-The District Court shall have
original jurisdiction of all criminal cases of
the grade of felony; in all suits in behalf of
the state to recover penalties, forfeitures and
escheats; of all cases of divorce; of all mis-
demeanors involving official misconduct; of
all suits to recover damages for slander or
defamation of character; of all suits for trial
of title of land and for the enforcement of
liens thereon; of all suits for the trial of the
right of property levied upon by virtue of
any writ of execution, sequestration or at-
tachment when the property levied on shall
be equal to 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 controversy 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 nec-
essary to enforce their jurisdiction.
The District Court shall have appellate
jurisdiction and general control in probate
matters over the County Court established in
each county for appointing guardians, grant-
ing letters testamentary and of administra-
tion, probating wills, for settling the accounts
of executors, administrators, guardians, and
for the transaction of all business appertain-
ing to estates; and original jurisdiction and
general control over executors, administra-
tors, guardians and minors, under such regu-
lations as may be prescribed by law. The
District Court shall have appellate jurisdic-
tion and general supervisory control over the
County Commissioners' Court, with such ex-
ceptions and under such regulations 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 jurisdiction, original and
appellate, as may be provided by law.
[Note.-The foregoing Sec. 8 of Art. V is an
amendment of the original Sec. 8, including the
words "of contested elections" in the first para-
graph and adding the last sentence in the last
paragraph. Submitted by Twenty-Second Legis-
lature 1891), ratified at an election Aug. 11,
1891, and declared adopted Sept. 22, 1891.]
Sec. 9. Clerk of the District Court; Term
of Office- How Removed; How Vacancy Is
Filled.=~here shall be a Clerk for the Dis-
trict Court of each county, who shall be
elected by the qualified voters for the state
and county officers, and who shall hold his
office for two years, subject to removal by
information, or by indictment of a grand
jury and conviction by a petit jury. In case
of vacancy the judge of a District Court shall
have the power to appoint a Clerk, who shall
hold until the office can be filled by election.
Sec. 10. Jury Trial; by Whom Fee Is to Be
Paid.-In the trial of all causes in the Dis-
trict Courts, the plaintiff or defendant shall,
upon application made in open court, have
the right of trial by jury; but no jury shall
be impaneled in an civil case unless de-
manded by a party to the case, and a jury
fee be paid by the party demanding a jury,
for such sum and with such exceptions as
may be prescribed by the Legislature.
Sec. 11. Disqualification of Judges; Special
Judges" Exchange of Districts; Vacancies.-
No Judge shall sit in any case wherein he
may be interested, or where either of the
parties may be connected with him either by
affinity or consanguinity, within such a de-
gree as may be prescribed by law, or when
he shall have been counsel in 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 any case or cases in
said court, the same shall be certified to theGovernor of the State, who shall immediately
commission the requisite number of persons,
learned in the law, for the trial and determi-
nation of such cause or causes. When a Judge
of the District Court is disqualified by any of
the causes above stated, the parties may. by
consent, appoint a proper person to try said
case; or, upon their falling to do so, a com-
petent person may be appointed to try the
same in the county where it is pending in
such manner as may be prescribed by law.
And the District Judges may exchange dis-
tricts or hold courts for each other when they
may deem it expedient, and shall do so when
required by law. This disqualification of
Judges of inferior tribunals shall be reme-
died, and vacancies in their offices filled, as
may be prescribed by law.
[Note.-The foregoing Sec. 11 of Art. V is an
amended section, having been amended to use
correct references to courts as established in
amended Secs. 1, 3, 4, 5 and 6. Submitted by
Twenty-Second Legislature (1891), ratified at an
election Aug.11, 1891, and declared adopted
Sept. 22, 11.
Sec. 12. Judges Conservators of Peace;
Style of Writs; Prosecution by State.-All
Judges of Courts of this State. by virtue of
their office *(shall) be conservators of the
peace throughout the State. The style of all
writs and process shall be "The State of
Texas." All prosecutions shall be carried on
in the name and by the authority of the State
of Texas, and shall conclude "against the
peace and dignity of the state."
[Note.-The foregoing Sec. 12 of Art. V has
been amended from the original to substitute
"Courts of the State" for enumeration of kinds
of courts contained in original section and apply-
ing to courts before general revision of judiciary
to 1891. Submitted by Twenty-Second Legislature
(1891), ratified at an election Aug. 11, 1891, and
declared adopted Sept. 22, 1891.]
Sec. 13. Jurors, Grand and Petit; Number
Required to Return Verdict.--Grand and petit
juries in the District Courts shall be com-
posed of twelve men; but nine members of
a grand jury shall be a quorum to transact
business an d present bills. In trials of civill
cases and in trials of criminal cases below
the grade of felony in the District Courts.
nine members of the jury concurring may
render a verdict, but when the verdict shall
be rendered by less than the whole number,
it shall be signed by every member of the
jury concurring in it. When, pending the
trial of any case, one or more jurors, not
exceeding three, may die, or be disabled from
sitting, the remainder of the jury shall have
the power to render the verdict; provided,
that the Legislature may change or modify
the rule authorizing less than the whole
number of the jury to render a verdict.
Sec. 14. Districts Fixed by Ordinance.-The
judicial districts in this State and the time of
holding the courts therein are fixed by ordi-
nance forming part of this Constitution until
otherwise provided by law.
Sec. 15. County Court; Election: Term of
Office of County Judges; Fees.-There shall
be established in each county in this State, a
County Court, which shall be a court of rec-
ord; and there shall be elected in each county
by the qualified voters a County Judge, who
shall be well informed in the law of the
state, shall be a conservator of the peace,
and shall hold his office for two years and
until his successor shall be elected and quali-
fied. He shall receive as compensation for
his services such fees and perquisites as may
be prescribed by law.
Sec. 16. Jurisdiction of County Court;
Appeals; Probate Jurisdiction; May Issue
;The word, "shall," was omitted, apparently
by error, from the resolution proposing this
amended section.
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Texas Almanac, 1947-1948, book, 1947; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth117136/m1/67/?rotate=90: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.