The Laws of Texas, 1822-1897 Volume 10 Page: 389

                                
22d Leg. 1892.]

General Laws of Texas.

25

goes into effect, shall be transferred to said court at Austin; and the
supreme court shall make such orders as may be necessary to carry
this law into effect, and shall allow the clerk at Austin such compensation
as they may deem just and reasonable for arranging and classifying
said records and placing them in the transcript rooms.
Sec. 6. The fact that the present session of the legislature is
limited and rapidly drawing to a close, and the importance of this bill
becoming a law, creates an emergency and imperative public necessity
that the constitutional rule requiring bills to be read on three several
days be suspended, and said rule is suspended, and this act shall take
effect and be in force from and after September 1, 1892.
Approved April 13, 1892.
'COURTS OF CIVIL APPEALS.

Sec.
1. Court to consist of chief justice and
two associates.
2. Election and tenure of office.
3. Qualifications of judges.
4. Vacancies, how filled.
5. Appellate jurisdiction of the courts
prescribed.
6. Power to issue writs of mandamu-. etc.
7. May ascertain matters of fact.
8. May punish for contempt.
9. May compel district judge to proceed
to trial.
10. One clerk for each court: bond: salnrv.
11. Vacancy in office of clerk, how filled.
12. Term of office of clerk.
13. Seal of the courts.
14. Clerks shall file and preserve transcripts
and docket causes.
15. Clerks shall record proceedings, etc.
16. Deputy clerks; salary, bond, etc.
17. Clerk is librarian.
18. Duty of librarian.
19. Report of costs collected by clerk.
20. Transcript to be filed in ninety days.
21. Certificates may be filed when; affirmance
on certificate.
22. May permit transcript to be filed
after affirmance on certificate.
23. Docketing and hearing causes.
24. Trial to be on statement of facts,
etc.; bills of exception.
25. Appellant to file assignments of error.
26. Filing of briefs.
27. Disqualification of judges.
28. Order of trial of cases.
29. No reversalordismissal for want ofform.
30. No abatament on death of parties, when.

Sec.
31. After decision, conclusion of facts
and law to be filed.
32. Dissenting opinion to be entered of
record.
33. When certificate of dissent is sent
up. th
clerk to send judgment, etc
34. After decision, supreme court to notify
court of civil appeals.
35. Issues of law which are novel to be
certified to the supreme court.
36. When judgment of court below is
reversed, court shall render judgment;
exceptions.
37. Judgment    against  appellant   for
damages, etc.
38. Clerk to issue mandate, when.
39. When bond may be amended.
40. A majority of the court shall constitute
a quorum for business.
41. Motion for rehearing.
42. Duty of clerk on filing such motion.
43. Duty of sheriff ou r,ceiving precept.
44. Motion for rehearing. when to be heard.
45. Process.how teter d. directed and served.
40. Judgment enforced, how.
47. Clerk not compelled to issue mandate
until costs paid.
48. Executions returnable, when.
49. Officer failing to make returns.
50. Salary of clerks; fees to be paid
into state treasury.
51. Courts may appoint stenographers.
52. Reporter to courts of civil appeals.
53. Notice, how given.
54. Emergency clause; law to take effect
September 1, 1892.

CHAP. 15.-[J. C. S. for S. B. No. 32 and H. B. No. ]1.1  An act to organize th'e
courts of civil appeals, to define their jurisdiction and powers and to, prescribe
the mode of procedure therein.
Section 1.  Be it enacted by the Legislature of the State of Texas:
That each of the courts of civil appeals now or hereafter organized in this
state shall consist of a chief justice and two associate justices, and the
concurrence of two justices shall be necessary to the decision of a case.
Sec. 2.  The chief justice and associate justices of each of the courts of
civil appeals shall be elected by the qualified voters of the respective
districts composed of the counties returnable to the several courts at a
general election.  Upon their qualification, after the first election after
the creation of any court of civil appeals in this state, the justices