The Laws of Texas, 1822-1897 Volume 1 Page: 261
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Laws and Decrees of Coahuila and Texas.
DECREE No. 136.
The Congress of the State of Coahuila and Texas, designing to fulfil,
as far as possible the duty imposed upon them by article 192 of the
constitution, and anxious that the inhabitants of the state should
begin to enjoy the advantages attending the valuable institution of trial
by jury, has thought proper to decree:
ART. 1. At the expiration of three days from the receipt of this law
in each district capital, the Ayuntamiento shall proceed, for this time,
to choose from among the citizens of the district, by majority of vote,
from 21 to 84 jurors, who shall possess the qualifications required by the
constitution for being members of the Ayuntamiento or corporation.
ART. 2. Said elections shall henceforth be holden annually, on the
3d of May, by the aforementioned Ayuntamientos.
AET. 3. The jurors who do not act in their respective year may
be indefinitely re-elected, and those who have been engaged in any trial
may decline the charge for the term of two years; the citizens comprised
in article 161 of the constitution, and those officiating as Alcaldes
shall not be chosen jurors.
ART. 4. The summar y investigation of criminal offences shall be conducted
as heretofore, by the primary courts of justice, but in any state
of the cause wherein the crime is proved, the other steps shall be omitte.d,
and the prisoner together with the proceedings, shall be sent to the capital
of the district.
ART. 5. Prisoners shall be conducted under custody of a guard, belonging
to the regulars or civic militia, and where there are none such,
by citizens chosen for the purpose; the expense incurred in the custody
shall be paid out of the state rents, should the guard consist of persons
belonging to the civic militia, or of citizens of the state, who shall receive
the pay designated in the law of the national militia.
AET. 6. The prisoner or prisoners, having arrived at the capital of
the district, shall be delivered to the 1st, 2nd or 3d Alcalde-according
to the grade of the one who sent them; or to the sole Alcalde, should
there be only one; who shall continue the proceedings, even when commenced
by himself should the crime be committed in the capital, and
shall cause the prisoners' counsel to be chosen by the prisoners, or
official attorney, as the case may be: and the trial pleizario shall be immediately
opened, having in view all the charges, confirmation, and evidence
contained in article 4, also the declaration shewing the ground of
complaint of the plaintiff, and citation for sentence; all which shall be
performed within the peremptory term of sixteen days.
ART. 7. In presence of his attorney, a list of the jurors shall be
shewn to the prisoner, of whom he shall choose seven to act in his
trial; not being permitted to choose those absent from the district, or
under physical impediment at the time.
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 1, book, 1898; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5872/m1/269/: accessed August 22, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .