The Texas Almanac for 1870, and Emigrant's Guide to Texas Page: 69
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CONSTITUTION OF THE STATE OF TEXAS. 69
The Legislature may establish criminal courts in the principal cities within
the State, with such criminal jurisdiction, co-extensive with the liinits of
the county wherein such city may be situated, and under such regulations as
may be prescribed by law ; and the judge thereof may preside over the courts
of one or more cities, as the Legislature may direct.
SEC. 2. The supreme court shall consist of three judges, any two of whom
shall constitute a quorum. They shall be appointed by the governor, by and
with the advice and consent of the Senate, for a term of nine years. But the
judges first appointed under this constitution shall be so classified by lot that
the term of one of them shall expire at the end of e--ery three years. The
judge whose term shall soonest expire shall be the presiding judge. All
vacancies shall be filled for the unexpired term. If a vacancy shall occur or
a term shall expire, when the Senate is not in session, the governor shall fill
the same by appointment, which shall be sent to the Senate within ten days
after that body shall asemble, and if not confirmed, the office shall imme-
diately become vacant.
SEC. 3. The supreme court shall have appellate jurisdiction only, which,
in civil cases, shall be co-extensive with the limits of the State. In criminal
cases no appeal shall be allowed to the supreme court unless some judge
thereof shall, upon inspecting a transcript of the record, believing that some
error of law has been committed by the judge before whom the cause was
tried; provided, that said transcript of the record shall be presented within
sixty days from the date of the trial, under such rules and regulations as
shall be prescribed by the Legislature. Appeals from interlocutory judg-
ments may be allowed, with such exceptions and under such regulations as
the Legislature may prescribe. The supreme court, and the judges thereof,
shall have power to issue the writ of habeas corpus; and under such regula-
tions as may be prescribed by law, may issue the writ of mandamus, and such
other writs as may be necessary to encore its own jurisdiction. The supreme
court shall also have power to ascertah such matters of fact as may be neces-
sary to the proper exercise of its jurisdtion.
SEC. 4. The supreme court shall hold its sessions annually at the capital
of the State.
SEC. 5. The supreme court shall appoint its-own clerk, who shall hold his
office for four years, unless sooner removed by the court for good cause entered
of record on the minutes of the court. The said clerk shall give bond in such
manner as is now or may be hereafter required by law.
SEC. 6. The-State g.hall be divided into convenient judicial districts, for
each of which one judge shall be appointed by the governor, by and with the
advice and consent of the Senate, for a term of eight years, who shall, after
his appointment, reside within the district, and shall hold a court three times
a year in each county-thereof, at such time and place as may be prescribed by
law; provided, that at the first general election after the 4th of July, 1876, the
the question shall be put to the people whether the mode of election of
judges of the supreme and district courts shall not be returned to.
SEC. 7. The district court shall have original jurisdiction of all criminal
cases; of all causes in behalf of the State to recover penalties, for forfeitures,
and escheats ; and of all suits and cases in which the State may be interested ;
of all cases of divorce; of all suits to recover damages for slander or defama-
tion of character ; of all suits for the trial of title to land; of all suits for the
enforcement of liens; and of all suits, complaints and pleas whatever, without
regard to any distinction between law and equity, when the matter in contro-
versy shall be valued at or amount to one hundred dollars, exclusive of
interest; and the said courts, and the judges thereof, shall have power to
issue the writ of habeas corpus and all other writs necessary to enforce their
own jurisdiction, and to give them a general superintendence and control
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The Texas Almanac for 1870, and Emigrant's Guide to Texas, book, January 1870; Galveston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth123775/m1/71/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.