The Laws of Texas, 1822-1897 Volume 2 Page: 1,556
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250
Laws of the State of Texas.
court below should have rendered, or pronounced, except
when it be necessary that some matter of fact be
ascertained, or the damages to be assessed, or the matter
to be decreed, is uncertain, in either of which cases
the cause or prosecution, as the case may be, shall be remanded,
for a more definite decision.
Clerk ap
Sec. 4. Be it further enacted, That there shall be appointed
by
court. pointed for the supreme court, one clerk, who shall reside
at the place of holding court; the appointment shall
be made by the court, and shall be entered of record in
the proceedings of the court, and the person so appointed,
shall. before he enters upon the duties of his office,
take and subscribe the oath prescribed by the constitution,
in open court, and shall enter into a bond with two
good securities, to be approved of by the court, payable
to the Governor of the State and his successors in office,
in the penalty of ten thousand dollars, conditioned
His duties. for the faithful performance of the duties of his office,
and that he correctly record the judgments, decrees,
decisions, and orders of the said court, and deliver over
to his successor in office, all records, minutes, books and
papers, and whatever belongs to his said office of clerk,
which bond and oath shall immediately thereafter be
deposited in the office of the secretary of state, and shall
not be void on the first recovery, but may be put in suit,
and prosecuted by the party injured, until the amount
thereof be recovered, and shall be deemed to extend to
the faithful discharge of the duties of his office.
vacation of Sec. 5. Be it further enacted, That if, in vacation,
clerkship, the office of clerk may become vacant, the appointment
shall be made by the chief justice and the associates of
said court, or any one of said associates, and chief justice:
and the person so appointed, shall give bond and
take the oath as prescribed in the fourth section o,I tlis
act, the bond to be approved by any judge of the
court, which bond and oath, shall be deposited( 156 )
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 2, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth6726/m1/1560/: accessed July 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .