The Laws of Texas, 1822-1897 Volume 1 Page: 371
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Laws and Decrees of Coahuila and Texas.
primary judges, expressing the crime, the place and day on which it
was committed, and the name of the delinquent.
AET. 56. On examination of these causes, the prosecuting attorney
in conjunction with the party injured, if he appear, and wish to continue
the trial, shall formally make out the accusation and shall present a list
of the witnesses intended to be procured on the day of trial, expressing
the place of their residene, that the sheriff may be able to cite them il
due time for that purpose.
ART. 57. The defendant shall also forward to the secretary, a list of
the witnesses which he intends to employ in his defence, which shall
be presented in time sufficient for their citation by the sheriff.
ART. 58. The secretary shall deliver to the accused party a copy of
the accusation, and of the list of the witnesses, at least three days previous
to that of the trial, in order that he may be properly prepared to
make his defence.
ART. 59. The opening of the session of the superior court, on the
day appointed, shall be verified by an act of solemnity, in which besides
the superior judge, the prosecuting attorney, the secretary, the sheriff,
and the attorneys of the court, there shall be present also, all the primary
judges, the commissaries, the subaltern sheriffs, and the constables
of the district: The sheriffs and constables shall be seated on the right
of the superior judge; and the primary judges and commissaries on the
left: The prosecuting attorney, the secretary, and the lawyers, shall be
seated in front around a table, and the spectators shall remain standing.
ART. 60. The superior judge shall open the sessions of the court, by
pronouncing a discourse analagous to the circumstances, directed principally
to the instruction of the judges, and officers of justice, in the
discharge of their several obligations.
ART. 61. This ceremony concluded, the judges and officers of justice
shall retire to their respective jurisdictions, and the court shall proceed
to the despatch of criminal causes, according to their grade and the order
of their dates.
ART. 62. That the accused may be present during his trial, he shall
be brought before the court, which shall proceed immediately to the
formation of the jury.
ART. 63. The box mentioned in the 15th. article of this law, containing
the names of all the jurymen cited for the occasion, shall be put
upon the table, and the accused, or on his refusal, the secretary, shall
draw out one name, and the sheriff shall immediately cause the individual
to present himself before the court, in presence of the defendant, and if
not challenged by one of the parties, shall take his seat in court: This
operation shall be repeated in the same manner, until the jury be completed.
ART. 64. If in consequence of objections made to jurors, the whole
number shall be exhausted before completing the jury, the number that
may be wanted shall be taken from among the by-standers, and those of
the vicinity, whom the sheriff shall immediately cite for that purpose.
( 371 )
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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/m1/379/: accessed January 19, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .