Texas Almanac, 1947-1948 Page: 66
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66 TEXAS AL-MANAC -1947-1948
Article V.-(Continued.)
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-
tions and under such regulations as may be
prescribed by law.
The County t 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 tribunals 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 saidcourt 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 provid-
ed by law. Grand juries impaneled in the
District Courts shall Inquire Into misdemea-
nors, and all indictments therefor returned
into the District Courts shall forthwith be
certified 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 such 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
not more than eight. The present County
Courts shall make the first division. Subse-
quent divisions shall be made by the *Com-
missioner's Court provided for by this Con-
stitution. In each such precinct there shall
be elected, at each biennial election, one Jus-
tice of the Peace and one Constable, each of
whom shall hold his office for two years, and
until his successor shall be elected and quali-
fied; provided, that in any precinct In which
there may be a city of 8,000 or more inhabi-
tants, there shall be elected two Justices of
the Peace. Each county shall in like manner
be divided into four Commissioners' pre-
cincts, In each of which there shall be elected
by the qualified voters thereof one County
Commissioner, who shall hold his office for
two years and until his successor shall be
elected and qualified. The County Commis-
sioners so chosen, with the County Judge as
presiding officer, shall compose the County
Commissioners' Court, which shall exercise
such powers and jurisdiction over all county
business as Is conferred by this Constitution
and the laws of the state, or as may be here-
after prescribed.
Sec. 19. Criminal Jurisdiction of Justices
of the Peace; Appeals; Justices of the Peace
ex-Officio Notaries.-Justices of the Peace
shall have jurisdiction in criminal matters of
all cases where the penalty or fine to be
imposed by law may not be more than for
$200, and in civil matters of all cases where
the amount in controversy is $200 or less,
exclusive of interest, of which exclusive orig-
inal jurisdiction is not given to the District
or County Courts; and such other jurisdic-
tion, criminal and civil, as may be provided
by law, under such regulations as may be
prescribed by law; and appeals to the County
ourts shall be allowed in all cases decided
in Justices' Courts where the judgment Is for
more than $20, exclusive of costs, and in all
criminal cases, under such regulations as
may be prescribed by law. And the Justices
of the Peace shall be ex-officio notaries pub-
lic; and they shall hold their courts at such
times and places as may be provided by law.
Sec. 20. County Clerk; Election; Term;
Duties; Vacancies.-There shall be elected
for each county, by the qualified voters, a
County Clerk, who shall hold his office for
two years, who shall be clerk of the County
and Commissioners' Courts and recorder of
the county, whose duties, perquisites and
fees of office shall be prescribed by the Leg-
islature, and a vacancy in whose office shall
*"Commissioner's," not "Commissioners'," in
the original document.
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Texas Almanac, 1947-1948, book, 1947; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth117136/m1/68/?q=%22oil-gas%22: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.