The Quarterly of the Texas State Historical Association, Volume 2, July 1898 - April, 1899 Page: 39
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Development of the Texas Judicial System. 39
to grant writs of 'habeas corpus' in all cases known and practiced
to and under the same laws; he shall have power to grant writs of
sequestration, attachment, or arrest, in all cases established by the
'Civil Code' and 'Code of Practice' 'of the State 'of Louisiana, to be
regulated by the forms thereof; shall possess full testamentary
powers in all cases; and shall also be made a Court of Records for
conveyances which may be made in English, and not on stamped
paper; and that the use of stamped paper be, in all cases, dis-
pensed with; and shall be the 'Notary Public' for their respec-
tive municipalities; all office fees shall be regulated by the Gov-
ern or and 'the Council. All other civil proceedings at law shall
be suspended until the Governor and General Council shall other-
wise direct. Each municipality shall continue to elect a sheriff,
alcalde, land other officers of Ayuntamientos.
"Art. 7. All trials shall be by jury, and in criminal cases the
proceedings shall Tbe regulated and conducted upon the principles
of the 'Common law of England; and the penalties prescribed by
said law, in case of conviction, shall be inflicted, unless the of-
fender shall be pardoned, or fine remitted; for which purpose a
reasonable 'time shall be allowed to every convict to make applica-
tion to the Governor and Council."
In these ordinances is the first Texas recognition of the English
Common law. By them it was adopted as the law in all criminal
cases. 'Judicial functions were, however, suspended in all civil
matters, except in cases of special emergency, and as to, these, the
codes of Louisiana-another Civil law country- were adopted. The
Council was authorized to order the opening of the courts for the
trial of civil cases, if, in its discretion, this should be expedient.
Having elected a Governor and Council, the Consultation com-
mitted the government to them, and adjourned on 'November 14,
1835, to meet on March 1, 1836. The Council organized and took
charge of the government. From time to time, judges for the dif-
ferent municipalities were elected .and inducted into office. On
January 16, 1836, the Council passed an act entitled "An Ordi-
nance and Decree for Opening the Several Courts of Justice, Ap-
pointing Clerks, Prosecuting Attorneys, and Defining Their Du-
ties, etc.," which was approved January 22, 1836. This is too
long for insertion. Its most important provisions were: first, to
open the courts for civil as well as criminal business; second, to
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Texas State Historical Association. The Quarterly of the Texas State Historical Association, Volume 2, July 1898 - April, 1899, periodical, 1898/1899; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101011/m1/43/: accessed July 21, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.