The Laws of Texas, 1822-1897 Volume 7 Page: 414
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22
Constitution of the State of Texas.
SEC. 15. The Judges of the Supreme and District Courts shall,
by virtue of their offices be conservators of the peace throughout
the State. The style of all writs and process shall be "The State
of Texas." All prosecutions shall be carried on in the name and
by the authority of the "State of Texas," and conclude, "against
the peace and dignity of the State."
SEC. 16. In all cases of law or equity, when the matter in controversy
shall be valued at or exceed ten dollars, the right of trial
by jury shall be preserved, unless the same shall be waived by the
parties or their attorneys, except in cases where a defendant may
fail to appear and answer, within the time prescribed by law, and
the cause of action is liquidated and proved by an instrument in
writing.
SEC. 17. Every criminal offense that may by law be punished
by death, or in the discretion of the jury by imprisonment to hard
labor for life, and every offense that may by law be punished by
imprisonment in the State penitentiary, shall be deemed a felony,
and shall only be tried upon an indictment found by a grand jury.
But all offenses of a less grade than a felony, may be prosecuted
upon complaint, under oath, by any peace officer or citizen, before
any justice of the peace or other inferior tribunal, that may be
established by law; and the party so prosecuted shall have the right
of trial by a jury, to be summoned in such manner as may be prescribed
by law.
SEC. 1S. One sheriff for each county shall be elected by the
qualified voters thereof who shall hold his office for four years,
subject to removal by the judge of the district court for said county
for cause spread upon the minutes of the court. Process against the
sheriff, and all such writs as by reason of interest in the suit, or
connection with the parties, or for other cause, the sheriff is incompetent
to execute, shall issue to and be executed by any constable
in the county.
SEC. 19. There shall be elected in each county, by the qualified
voters thereof, as may be directed by law, five justices of the
peace, one of whom shall reside, after his election, at the county
seat; and not more than one of said justices shall be a resident of
the same justice's precinct. They shall hold their offices for four
years, should a vacancy occur in either of said offices an election
shall be held for the unexpired term.
SEC. 20. Justices of the peace shall have such civil and criminal
jurisdiction as shall be provided by law. And the justices of
the peace in each county, or any three of them, shall constitute a
court, having such jurisdiction, similar to that heretofore exercised
by county commissioners and police courts, as may be prescribed by
law. And when sitting as such court the justice who resides at
the county seat shall be the presiding justice. The times and man(414
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 7, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth6732/m1/416/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .