Texas Almanac, 1952-1953 Page: 364
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364 TEXAS ALMANAC.-1952-1953.
Article V.-(Continued.)
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-
mg to courts before general revision of judiciary
in 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 and present bills. In trials of civil
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 conc)arring 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
Writs; Judge Disqualified, When. - The
County Courts shall have original jurisdic-
tion of all misdemeanors of which exclusive
original jurisdiction is not given to the Jus-
tices' Courts as the same is now or may
hereafter be prescribed by law, and when the
fine to be imposed shall exceed $200; and
they shall have exclusive s jurisdiction in all
civil cases when the matter in controversy
shall exceed in value $200 and not exceed
$500, exclusive of interest; and concurrent
jurisdiction with the District Court when the
matter in controversy shall exceed $500 and
not exceed $1,000, exclusive of Interest, but
shall not have jurisdiction of suits for recov-
ery of land. They shall have appellate juris-
diction in cases, civil and criminal, of which
Justices' Courts have original urisdlction,
but of such civil cases only when the judg-
ment of the court appealed from shall exceed
$20, exclusive of costs, under such regulations
as may be prescribed by law. In all appeals
from Justices' Courts there shall be a trial
de novo in the County Court, and appeals
may be prosecuted from the final judgment
rendered in such cases by the County Court,
as well as all cases, civil and criminal, of
which the County Court has exclusive dr
concurrent or original jurisdiction of civil
appeals in civil cases to the Court of CivilAppeals, and in such criminal cases to the
Court of Criminal Appeals,' with such excep-
tions and under such regulations as may be
prescribed by law.
The County Court shall have the general
jurisdiction of a Probate Court; they shall
probate wills, appoint guardians of minors,
idiots, lunatics, persons non compos mentis,
and common drunkards; grant letters testa-
mentary and of administration; settle ac-
counts of executors; transact all business
appertaining to deceased persons, minors,
idiots, lunatics, persons non compos mentis,
and common drunkards, including the settle-
ment, partition and distribution of estates of
deceased persons; and to apprentice minors
as provided by law; and the County Court
or Judge thereof shall have power to issue
writs of injunction, mandamus, and all writs
necessary to the enforcement of the jurisdic-
tion of said court, and to issue writs of
habeas 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 a Criminal District Court un-
less expressly conferred by law; and in such
counties appeals from Justices' Courts and
other inferior courts and triIunals in criminal
cases shall be to the Criminal District Court,
under such regulations as may be prescribed
by law, and in all such cases an appeal shall
lie from such District Court to the Court of
Criminal Appeals When the Judge of the
County Court is disqualified in any case pend-
ing in the County Court the parties interested
may by consent appoint a proper person to
try said case, or upon their failing to do so,
a competent person may be appointed to try
the same in the county where it is pending
in such manner as may be prescribed by law.
[Note.-The foregoing Sec. 16 of Art V is an
amendment from the original to make changes
relating to appeals to the county court, relating
to disqualification of the judge, and minor
changes. Submitted by the Twenty-second Legis-
lature (1891), ratified at an election Aug. 11,
1891, and declared adopted Sept. 22, 1891.]
Sec. 17. Terms of County Court for Crimi-
nal Business; Prosecutions Commenced by
Information; Grand Jury to Inquire Into
Misdemeanors; Quashing of Grand Jury In-
dictments; Jury.-The County Court shall
hold a term for civil business at least once
in every two months, and shall dispose of
probate business, either in term time or vaca-
tion, as may be provided by law, and said
court shall hold a term for criminal business
once in every month, as may be provided by
law. Prosecutions may be commenced in said
court by information filed by the County
Attorney, or by affidavit, as may be provided
by law. Grand juries impaneled In the Dis-
trict Courts shall inquire into misdemeanors,
and all indictments therefor returned into
the District Courts shall forthwith be certi-
fied to the County Courts, or other in-
ferior courts having jurisdiction to try them,
for trial; and if such indictment be quashed
in the county, or other inferior, court, the
person- charged shall not be discharged if
there is probable cause of guilt, but may be
held by sich court or magistrate to answer
an information or affidavit. A jury in the
County Court shall consist of six men; but no
jury shall be impaneled to try a civil case,
unless demanded by one of the parties, who
shall pay such' jury fee therefor in advance
as may be prescribed by law, unless he makes
affidavit that he is unable to pay the same.
Sec. 18. Terms of Justices of the Peace;
County Commissioners and Commissioners'
Court.-Each organized county in the State.
now or hereafter existing, shall be divided
from time to time, for the convenience of the
people, into precincts, not less than four and
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Texas Almanac, 1952-1953, book, 1951; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth117137/m1/366/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.