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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 attorneygeneral 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 by the qualified voters of the district or county, as the legislature may direct.
Justices of the peace, sheriff, and coroner, shall be commissioned by the governor. The sheriff shall not be eligible more than four years
Sec. 14. No judge shall sit in any case wherein he may be in. terested, 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 counsel in the
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 case or cases 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 num. ber 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 disqualifications of judges of inferior tribunals shall be remedied as may hereafter be by law prescribed.
Sec. 15. Inferior tribunals shall be established in each county for appointing guardians; granting letters testamentary and of administration ; for settling the accounts of executors, administra
; tors, and guardians, and for the transaction of business appertaining to estates; and the district courts shall have original and appellate jurisdiction and general control over the said inferior
tribunals, and original jurisdiction and control over executors, administrators, guardians, and minors, under such regulation as may be prescribed by law.
Sec. 16. In the trial of all causes in equity in the district court, the plaintiff or defendant shall, upon application made in open court, have the right of trial by jury, to be governed by the rules and regulations prescribed in trials at law.
Sec. 17. Justices of the peace shall have such civil and cri. minal jurisdiction as shall be provided for by law. Sec. 18. In all causes arising out of a contract, before any
in. ferior judicial tribunal, when the amount in controversy shall exceed ten dollars, the plaintiff or defendant shall, upon applica. tion to the presiding officer, have the right of trial by jury.
Sec. 19. In all cases where justices of the peace or other judi. cial officers of inferior tribunals shall have jurisdiction in the trial of causes where the penalty for the violation of a law is fine, or imprisonment (except in cases of contempt), the accused shall have the right of trial by jury.
Executive Department. Sec. 1. The supreme executive power of this state shall be vested in a chief magistrate, who shall be styled the governor of the state of Texas.
Sec. 2. The governor shall be elected by the qualified electors of the state, at the time and places of elections for members of the legislature.
Sec. 3. The returns of every election for governor, until otherwise provided by law, shall be made out, sealed up, and transmitted to the seat of government, and directed to the speaker of the house of representatives, who shall, during the first week of the session of the legislature thereafter, open and publish them in the presence of both houses of the legislature; the person having the highest number of votes, and being constitutionally eligible, shall be declared by the speaker, under the direction of the legislature, to be governor; but if two or more persons shall have the highest and an equal number of votes, one of them shall be immediately chosen governor by joint vote of both houses of the legislature. Contested elections for governor shall be determined by both houses of the legislature.
Sec. 4. The governor shall hold his office for the term of two years from the regular time of installation, and until his successor shall be duly qualified, but shall not be eligible for more than four years
in any term of six years; he shall be at least thirty years
shall be a citizen of the United States, or a citizen of the state of Texas, at the time of the adoption of this constitution, and shall have resided in the same three years immediately preceding his election.
Sec. 5. He shall, at stated times, receive a compensation for his services, which shall not be increased or diminished during the term for which he shall have been elected. The first governor shall receive an annual salary of two thousand dollars, and
Sec. 6. The governor shall be commander-in-chief of the army and navy of this state, and of the militia, except when they shall be called into the service of the United States.
Sec. 7. He may require information, in writing, from the offi. cers of the executive department, on any subject relating to the duties of their respective offices.
Sec. 8. He may, by proclamation, on extraordinary occasions, convene the legislature at the seat of government, or at a different place, if that should be in the actual possession of a public enemy; in case of disagreement between the two houses with respect to the adjournment, he may adjourn them to such time as he shall think proper, not beyond the day of the next regular meeting of the legislature.
Sec. 9. He shall, from time to time, give to the legislature information, in writing, of the state of the government, and recommend to their consideration such measures as he may deem expe. dient.
Sec. 10. He shall take care that the laws be faithfully executed.
Sec. 11. In all criminal cases, except in those of treason and impeachment, he shall have power, after conviction, to grant reprieves and pardons; and, under such rules as the legislature may prescribe, he shall have power to remit fines and forfeitures. In cases of treason, he shall have power, by and with the advice and consent of the senate, to grant reprieves and pardons; and he may, in the recess of the senate, respite the sentence until the end of the next session of the legislature.
Sec. 12. There shall also be a lieutenant-governor, who shall be chosen at every election for governor by the same persons, and in the same manner, continue in office for the same time, and possess the same qualifications. In voting for governor and lieutenant-governor, the electors shall distinguish for whom they vote as governor, and for whom as lieutenant-governor. The lieutenant-governor shall, by virtue of his office, be president of the senate, and have, when in committee of the whole, a right to debate and vote on all questions, and, when the senate is equally divided, to give the casting vote. In case of the death, resigna. tion, removal from office, inability or refusal of the governor to serve, or of his impeachment or absence from the state, the lieutenant-governor shall exercise the powers and authority apper. taining to the office of governor, until another be chosen at the periodical election for governor, and be duly qualified, or until the governor, impeached, absent, or disabled, shall be acquitted, return, or his disability be removed.
Sec. 13. Whenever the government shall be administered by the lieutenant-governor, or he shall be unable to attend as president of the senate, the senate shall elect one of their own members as president for the time being. And if, during the vacancy of the office of governor, the lieutenant-governor shall die, resign, refuse to serve, or be removed from office, or be unable to serve, or if he shall be impeached, or absent from the state, the presi. dent of the senate for the time being shall, in like manner, administer the government until he shall be superseded by a governor or lieutenant-governor; the lieutenant-governor shall, whilst he acts as president of the senate, receive for his services the same compensation which shall be allowed to the speaker of the house of representatives, and no more; and during the time he administers the government as governor, shall receive the same compensation which the governor would have received had he been employed in the duties of his office, and no more. The president for the time being of the senate shall, during the time he administers the government, receive in like manner the same compen. sation which the governor would have received had he been employed in the duties of his office. If the lieutenant-governor shall be required to administer the government, and shall, whilst in such administration, die, resign, or be absent from the state, during the recess of the legislature, it shall be the duty of the secretary of state to convene the senate for the purpose of choosing a president for the time being.
Sec. 14. There shall be a seal of the state, which shall be kept by the governor and used by him officially. The said seal shall be a star of five points encircled by an olive and live-oak branches, and the words “the State of Texas."
Sec. 15. All commissions shall be in the name and by the authority of the state of Texas, be sealed with the state seal, signed by the governor, and attested by the secretary of state.
Sec. 16. There shall be a secretary of state, who shall be appointed by the governor, by and with the advice and consent of the senate, and shall continue in office during the term of service of the governor elect. He shall keep a fair register of all offi. cial acts and proceedings of the governor; and shall, when required, lay the same, and all papers, minutes, and vouchers, relative thereto, before the legislature, or either house thereof : and shall perform such other duties as may be required of him by law.
Sec. 17. Every bill which shall have passed both houses of the legislature shall be presented to the governor; if he approve, he shall sign it; but if not, he shall return it with his objections to the house in which it shall have originated, who shall enter the objections at large upon the journals, and proceed to reconsider it; if, after such reconsideration, two-thirds of the members
agree to pass the bill, it shall be sent, with the objections, to the other house, by which it shall likewise be reconsidered ; if approved by two-thirds of the members present of that house, it shall become a law; but, in such cases, the votes of both houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be en. tered on the journals of each house respectively. If any bill