The Laws of Texas, 1822-1897 Volume 1 Page: 368
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Laws and Decrees of Coaluila and Texas.
committed, he shall be sent for trial in the nearest district in which this
difficulty does not exist.
ART. 31. Both in civil and criminal cases, the parties shall have the
privilege of being heard by themselves, without employing an agent or
attorney; at their option.
ART. 32. In criminal cases, where the accused party may not be able
to procure a lawyer or attorney to defend his cause, the judge shall appoint
one for that purpose, and no one shall be permitted to excuse himself
from this obligation, unless it be for some just catse approved by
ART. 33. In criminal cases, where there is no prosecutor, the prosecuting
attorney shall espouse the cause in the name of public justice; and
where a prosecutor appear he shall assist him in the trial.
ART. 34. The judge may continue the cause at discretion, on the solicitation
of one of the parties, for not being prepared to enter on the trial for
want of witnesses, or any other reasonable cause, but always in such a
manner as not to retard the prompt administration of justice.
ART. 35. If the person against whom a civil suit may have been commenced,
shall be about to absent himself from the place, or it is feared
that he may escape, or that he may remove or conceal his effects, they may
be embargoed, or he may be compelled to give bail with security, for his
compliance with the sentence of the court, and for his appearance before
the same, to answer the demands of the plaintiff.
ART. 36. Attorneys may be appointed in the ordinary way, or the litigant
may present himself before the court, even during the progress of
the trial, and name his attorney to continue and conclude the cause in his
name, both signing the customary instrument in such cases. In this case
the attorney is invested with all the powers and faculties of the principal
himself, to follow up and conclude the action to its final sentence, being
personally responsible for the abuses which he may commit to the prejudice
of his employer.
-ART. 37. It being an obligation due to society, that every man declare
the truth when called on as a witness, before the judiciary Tribunals,
in oider that justice may be administered, no one shall excuse himself
from so doing, unless it be under the exceptions established by law;
neither can any one excuse himself, (having the proper qualification,)
from serving as a juror, unless he show good and sufficient cause: and
in both cases the judge may compel the individual to compliance by the
infliction of fines, or imprisonment, in case the offender is unable to pay
ART. 38. The witnesses shall be paid by the parties, except in those
cases where the state is a party; and the judge shall designate, discretionally,
what shall be considered a just compensation.
ART. 39. In criminal cases, the witnesses shall declare verbally before
the court, at the time of the trial of the cause.
ART. 40. In plenary and executive trials, and in those of enquiry, in
criminal eases, a record shall be made of all the principal proceedings
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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/m1/376/: accessed January 19, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .