The Laws of Texas, 1822-1897 Volume 5 Page: 12
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12
Constitution of the State of Texas.
valued at, or amount to one hundred dollars, exclusive of interest;
and the said courts, or the Judges thereof, shall have power to issue
all writs, necessary to enforce their own jurisdiction and to* give
them a general superintendence and control over inferior jurisdictions.
And in the trial of all criminal cases, the jury trying the
same shall find and assess the amount of punishment to be inflicted,
or fine imposed, except in capital cases, and where the punishment
of fine imposed, shall be specifically imposed by law.
Sec. 11. There shall be a Clerk of the District Courts for each
county, who shall be elected by the qualified voters for members of
the Legislature, and who shall hold his office for four years, subject
to removal by information, or by presentment of a grand jury
and conviction by a petit jury. In case of vacancy the Judge of the
district shall have the power to appoint a Clerk, until a regular
election can be held.
Sec. 12. The Governor shall nominate, and by and with the advice
and consent of two-thirds of the Senate, appoint an Attorney
General, who shall hold his office for two years, and there shall be
elected by joint vote of both Houses .of the Legislature, a District
Attorney for each district, who shall hold his office for two years:
and the duties, salaries and perquisites of the Attorney General and
District Attorneys shall be prescribed by law.
Sec. 13. There shall be appointed for each county a convenient
number of Justices of the Peace, one Sheriff, one Coroner, and a
sufficient number of Constables, who shall hold their offices for two
years, to be elected hy the qualified voters of the district or county,
as the Legislature may direct. Justices of the Peace, Sheriffs and
Coroners, shall be commissioned by the Governor. The Sheriff shall
not be eligible for more than four years in every six.
Sec. 14. No Judge shall sit in any case wherein he may be interested,
or where either of the parties may be connected with him
by affinity or consanguinity, within such degrees as may be prescribed
by law, or where he shall have been of council in the cause.
When the Supreme Court or any two of its members shall be thus
disqualified to hear and determine any cause or causes in said court.
or when no judgment can be rendered in any eases or eases in said
court, by reason of the equal division of opinion of said Judges, the
same shall be certified to the Governor of the State, who shall immediately
commission the requisite number of persons learned in
the law, for the trial and determination of said case or cases.
When the Judges of the District Court are thus disqualified, the
parties may, by consent, appoint a proper person to try the said
case; and the Judges of the said courts may exchange districts, or
hold courts for each other, when they may deem it expedient, and
shall do so when directed by law. The disqualification of Judges
* This word "to" is crossd by pencil mark in original.
(12)
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 5, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth6727/m1/28/: accessed March 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .