Texas Almanac, 1949-1950 Page: 64

61 TEXAS ALMANAC -1949-1950

Article V.-(Continued.)
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.-There 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-
triet 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 any 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 stfr and with such exceptions as
may be prescribed by the Legislature.
Sec. 1. 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 the
Governor 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 failing 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 Au. 11., 1891, and declared adopted
Sept. 22, 1891.1
Sec. 12. Judges Conservators of Peace;
Style of Writs; Prosecution by State.-All
Judges of Courts of this State, by virtue of
the.r office (shall) be conservators of the
peace throughout the State. The style of all
*The word, "shall," was omitted, apparently
by error, from the resolution proposing this
amended section.

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
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 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-
fled. 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 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 jurisdiction,
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 or
concurrent or original jurisdiction of civil
appeals in civil cases to the Court of Civil
Appeals, and in such criminal cases to the
Court of Criminal Appeals, with such excep-