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grand jury shall be empaneled in the district court of the forty-first judicial district under the general laws requiring grand juries to be empaneled in all district courts, unless in the judgment of the judge of said court the public interest may require the empaneling of a grand jury therein, in which event he may order the empaneling of a grand jury and may appoint jury commissioners and have a grand jury selected in accordance with the laws governing the selection, organization and empaneling of grand juries.

The District Attorney of the Thirty-fourth Judicial District shall also represent the State in all criminal cases in the Forty-first Judicial District.

The Clerk of the District Court of El Paso county, as heretofore constituted, and his successor in office, shall be the clerk of both said district courts, in said El Paso county, and shall perform all the duties pertaining to the office of both district courts.

Either of the judges in said district courts in said El Paso county may, in his discretion, “Upon reasonable notice to parties or their attorneys,” either in term time or vacation, transfer any cause or causes, civil or criminal, that may at any time be pending in his court to the other district court in said El Paso county by order or orders entered upon the minutes of said court, and when such transfers are made the clerk of said courts shall enter such cause or causes upon the docket of the court to which such transfer or transfers are made, and when so entered upon the docket the judge of said court shall try and dispose of said cause in the same manner as if said cause was originally filed in said court.

That all process, writs and bonds issued or executed prior to the taking effect of this Act and returnable to the terms of said courts, as now fixed by law in the several counties composing said districts, are hereby made returnable to the terms of said courts as fixed by this Act; and all process heretofore returned, as well as all bonds and recognizances heretofore entered into, in any of the said courts shall be as valid as if no change had been made in the time of holding said courts.

SEC. 3. The Seventieth Judicial District of Texas, is hereby created and shall be composed of the following counties : Midland, Ector, Gaines, Glasscock, Reeves and Ward, and the unorganized counties of Andrews, Crane, Loving, Winkler and Upton, and the terms of the district court shall be holden in the organized counties thereof, each year as follows:

In the county of Midland on the first Monday in February and Sertember and may continue in session four weeks.

In the county of Ector on the fourth Monday after the first Monday in February and September and may continue in session three weeks.

In the county of Gaines on the seventh Monday after the first Monday in February and September and may continue in session two weeks.

In the county of Glasscock, on the ninth Monday after the first Monday in February and September and may continue in session two weeks.

In th2 county of Reeves on the eleventh Monday after the first Monday in February and September and may continue in session four weeks.

In the county of Ward on the fifteenth Monday after the first Monday in February and September and may continue in session four weeks.

SEC. 4. The unorganized county of Crane is hereby attached to Ector county ior judicial and all other purposes, and the unorganized counties of Andrews and Upton are hereby attached to Midland county for judicial and all other purposes ; and the unorganized counties of Loving and Winkler are hereby attached to Reeves county for judicial and all other purposes.

SEC. 5. The district judges and district attorneys of the Thirty-second Judicial District and the Thirty-fourth Judicial District herein mentioned, elected and now serving for said districts, shall hold their respective offices until the time for which they have been elected shall expire, and their successors are duly elected and qualified.

SEC. 6. The Governor, immediately upon the taking effect of this Act shall appoint a suitable person for District Judge of the Seventieth Judicial District and a suitable person for District Attorney of the Serentieth Judicial District, each of whom shall hold their offices until the next general election and until their successors are elected and qualified.

SEC. 7. That all process issued or served before this Act goes into effect including recognizences and bonds, returnable to the district court of any of said counties in any of said judicial districts shall be considered as returnable to said courts in accordance with the terms as prescribed by this Act, and all such process is hereby legalized and all grand and petit juries drawn and selected under existing laws, in any of the counties in said judicial district shall be considered lawfully drawn and selected for the next terms of the district court for their respective counties, held in accordance with this Act, and after this Act takes effect, all such process is hereby legalized and validated; provided that if any court in any county of any said judicial districts shall be in session at the time this Act takes effect, such court or courts effected [affected] hereby, shall continue in session until the term thereof shall expire under the provisions of existing laws.

Thereafter the courts of said county or counties shall conform to the requirements of this Act.

SEC. S. That all laws and parts of laws in conflict with the provisions of this Act, be and the same are hereby repealed.

SEC. 9. The rapid settlement of the counties mentioned in this Act and the crowded condition of the dockets of the district courts of the various counties in said judicial districts, and the want of time for the disposing of the business of the district courts of said counties, creates an imperative public necessity and an emergency exists requiring the suspension of the Constitutional rule, requiring bills to be read on three several days, therefore said Constitutional rule is suspended and this act is put on its third reading and final passage and shall take effect from and after its passage, and it is so enacted.

[NOTE.--The enrolled bill shows that the foregoing Act passed the Senate by two-thirds vote, veas 21, nays 6; and was referred to the House, amended and passed by the following vote, yeas 84, nays 17; that the Senate concurred in House amendments by two-thirds vote, yeas 21, navs 2; and that the House reconsidered and passed the bill by the following vote, yeas 110, nays 3.]

Approved February 3, 1909.
Became a law February 3, 1909.

COURTS-SIXTY-FOURTH JUDICIAL DISTRICT. S. B. No. 6.]

CHAPTER 9. An Act to prescribe the time and fix the terms for the holding of the terms of

court in and for the 64th Judicial District of Texas, and to conform all writs and process from such courts to such changes, and to repeal all laws in con

flict herewith. Be it enacted by the Legislature of the State of Texas :

SECTION 1. That the Sixty-fourth Judicial District of the State of Texas shall be composed of the counties of Castro, Swisher, Briscoe, Floyd, Hale, Lamb, Lubbock, Lynn, Terry, and Yoakum, and the unorganized counties of Bailey, Cochran and Hockley.

SEC. 2. The terms of the district court shall be held in the counties of said district in each year as follows, to-wit:

In the county of Floyd on the first Monday in February and August and may continue in session two weeks.

In the county of Briscoe on the second Monday after the first Monday in February and August, and may continue in session two weeks.

In the county of Swisher the fourth Monday after the first Monday in February and August, and may continue in session three weeks.

In the county of Castro the seventh Monday after the first Monday in February and August, and may continue in session two weeks.

In the county of Lamb the ninth Monday after the first Monday in February and August, and may continue in session two weeks.

In the county of Yoakum on the eleventh Monday after the first Monday in February and August, and may continue in session one week.

In the county of Terry on the twelfth Monday after the first Monday in February and August, and may continue in session two weeks.

In the county of Lynn on the fourteenth Monday after the first Monday in February and August, and may continue in session two weeks.

In the county of Lubbock on the sixteenth Monday after the first Monday in February and August, and may continue in session two weeks.

In the county of Hale on the eighteenth Monday after the first Monday in February and August and may continue in session until the business is disposed of.

SEC. 3. That the unorganized county of Bailey shall be attached to the county of Castro for judicial purposes, and that the unorganized counties of Cochran and Hockley shall be attached to the county of Lubbock for judicial purposes.

SEC. 4. That all process issued or served before this Act goes into effect, including recognizances and bonds, returnable to the district court of any of the counties of said district shall be considered as returnable to said court in accordance with the terms as prescribed in this Act, and all such process is hereby legalized, and all grand and petit juries, drawn and selected under existing laws in any of the counties of said district, shall be considered lawfully drawn and selected for the next term of the district court of their respective counties held after this Act takes effect, and all such process is hereby legalized and validated.

Sec. 5. That this Act shall not conflict with any of the spring terms of court now being held under the existing law, it is provided that this Act shall take effect from and after August 1st, 1909.

Sec. 6. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.

Approved February 5, 1909.

COURTS-SHELBY COUNTY.

H. B. No. 57.]

CHAPTER 10. An Act to restore to and confer upon the County Court of Shelby county, the

civil and criminal jurisdiction heretofore belonging to said court under the Constitution and general laws of the State, and to conform the jurisdiction of the district court of said county to such change, and to give said county court concurrent jurisdiction with justices of the peace and other inferior courts of said county, and to repeal all laws and parts of laws in conflict with

this Act, and declaring an emergency. Be it enacted by the Legislature of the State of Texas:

SECTION 1. That the County Court of Shelby county shall hereafter have exclusive original jurisdiction in civil cases wherein the matter in controversy shall exceed in value two hundred dollars, and concurrent jurisdiction with the district court of said county when the matter in controversy shall exceed five hundred dollars, and not exceed one thousand dollars, exclusive of interest, except the misdemeanors involving official misconduct, and except cases in which the highest penalty of fine that may be imposed under the law may not exceed two hundred dolars, and have original jurisdiction of all misdemeanors, except the misdemeanors involving official misconduct, and shall have concurrent jurisdiction with that of justices of the peace and other inferior tribunals of said county, when the matter in controversy exceeds twenty dollars; and said court shall have appellate jurisdiction in all civil cases when the matter in controversy exceeds twenty dollars and in all criminal cases in which justices of the peace and other inferior tribunals of said county have original jurisdiction.

SEC. 2. The county court of said county shall have authority, either in term time or vacation, to grant writs of mandamus, injunction, sequestration, garnishment, attachment, certiorari, supersedeas, and all other w rits necessary to the enforcement of the jurisdiction or said court, and shall have power to issue writs of habeas corpus in all cases in which the Constitution has not exclusively conferred the power on the district court or judge thereof.

SEC. 3. Said county court shall also have power to hear and determine all motions against sheriffs and other officers of the court for failure to pay over moneys collected under process of said court, or other defalcation of duty in connection with such process, and shall have power to punish, by fine not exceeding one hundred dollars and by imprisonment not exceeding three days, any person guilty of contempt of said court, and all other powers and jurisdiction conferred on the county courts by the Constitution of the state.

Sec. 4. The district court of said county of Shelby shall no longer

have jurisdiction of misdemeanors except in cases involving official misconduct, and shall no longer have jurisdiction of cases of which the county court of said county, by the provisions of this Act, has original or appellate jurisdiction; and it shall be the duty of the district clerk of said county, within thirty days after this Act shall take effect, to make full and complete transcripts of all orders on the civil and criminal dockets in cases then pending before the district court of said county, of which cases, by the provisions of this Act, original and appellate jurisdiction is given to said county court, and to deliver said transcripts, together with all original papers and a certified bill of costs in each case, to the county clerk of said county, and said county clerk shall take charge of said transcripts and papers, file the same, and enter said cases on their respective dockets for trial by said court.

Sec. 5. The county court of said county shall hereafter hold its regular terms for civil and criminal business as provided in the Constitution and general laws of the state, or at such time as the commissioners court of said county may authorize by a written order spread upon the minutes of said court, and all process heretofore issued from the district court of said county in cases transferred under this Act to the county court shall be returnable to the first term of the county court, and all civil cases transferred shall be entered as appearance cases upon the docket of said county court.

SEO. 6. The county court of said Shelby county shall have, as now, the general jurisdiction of probate courts, for the probate of wills, appointment of guardians of minors, idiots, lunatics, persons non compos mentis, and common drunkards, and for issuance of letters testamentary and of administration, settlement of accounts of administrators and guardians and the settlement and distribution of decedents' estates, and the apprenticeship of minors, and all other necessary powers conferred by law on courts of probate.

Sec. 7. That all laws and parts of laws in conflict with the prosions of this Act, in so far as it relates to Shelby county, be and the same are hereby repealed.

SEC. 8. Whereas, the County Court of Shelby county is without the jurisiliction necessary for the just and proper administration of the laws, creates such an emergency and public necessity as requires the suspension of the Constitutional rule requiring bills to be read on three several days, and said rule is hereby suspended, and this Act shall take effect and be in force from and after its passage, and it is so enacted.

[NOTE.-The enrolled bill shows that the foregoing Act passed the House by the following vote, yeas 95, nays 0); and passed the Senate by a two-thirds vote, yeas 26, nays 0.]

Approved February 12, 1909.
Became a law February 12, 1909.

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