Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1866-11-24

'"' 700 '..'' 70 we N'f '''fn ~ WV -
qualification ol the County Judge
and to the failure Of the parties t,
agree upon u special Judge, and III,
case shall stand Tor trial IN the Dis
trict Court as nm original suit anc
n'l costs Of proceedings had, undel
This Section, shall he taxed against
the party cast in the suit.
Z SEC, s. The Clerks of the sovcra
County Courts shall receive such
compensation under the provisions
oi this act as is now received by the
Clerks Of the District Courts TO,
similar services,
SEC. 9, The Shcrilrs Of tho sever,
nj counties shall attend each term Of
the County Court, and shall receive
such compensation for their services
rs is now allowed for similar scrvi,
ces in the District Court.
SEC. 10. Ifany party to suit in
the County Court, under the pro-
visions Of this act, shall desire to in.
troducc in evidence any instrument
Of writing which is of record in the
office Of the Clerk of the County
Court, it shall not be deemed rcqui-
site to procure certified copies from
the clerk, but the record book which
contains the writing sought to be
used, may be introduced, and the
required instrument read from its
pages: Procjded, howerer, that be.
fore any record book can be thus
used, the adverse party shall have
one days notice, in writing, before
the case is called for trial, Of the par
ticuIar instrument or instruments.
in writing, thus sought to be used,
which notice shall designate the
book and page therein where the
same may be found of record Pro-
vidcd. also, that no instrument of
record can thus be used in evidence
until the loss Of the original is ac-
counted for, in the manner now re.
quired by law; Prorided, further,
that in appealed cases from the
County Court to the District Court,
the clerk shall make out certified
cones of all instruments Of record
that were red in evidence, under the
provisions o. this Section, and for
ward the same, with the other pa
pers, 20 the District CLERK and TINS
Section shall not be construed I" re
fer to any county records, other than
the records Of the county wherein
the suit is pending.
SEC. II. Applications for contin-
uance shall be governed by the laws
regulating the same in the District
Court; Prorided, that it shall be
within the discretion Of the Court
to tax the applicant for continu-
ance, with all costs that may have
accrued up 70 the date Of granting
The same.
SEC. II. Witnesses, when sum-
moned to attend Court, shall be al
lowed compensation of one dollar
and half for each days attendance,
and ten cents per mile for every mile
they may have to travel in going to
and returning from the Court house
And no fine shall be imposed upon a
witness, nor shall any attachment
issue against his body, until it is
shown to the Court, by the affidavit |
Of the party, his agent or attorney,
that the mileage and compensation
have been tcndered to the |
witness.
SEC. IS. Witnesses who have |
been duly summoned, and who re-
main in attendance upon the Court, |
whether they have been called to
testify or not, shall, at any time du-
ring the term, or upon the adjourn
nent Of Court, make an affidavit, in
before the clerk thereof, |
stating the number Of days atten.
lance, and the distance they have |
)een compelled to travel in going to .
md returning from the Court, which
ltlidavit shall be filed by the Clerk
lmong the papers in the cause. And |
where a party has advanced the |
mileage and per diem, Gas contcm-
plated in the preceding section the
witness shall nevertheless be rcquir-
ID to make the affidavit as provided .
or by this section, and all witness
ees and mileage shall be taxed in
he bill Of costs against the party !
,ast in the suit.
SEC. II. In all civil suits in the
county Court, the dispositions of
witnesses may be taken and return
ID under the same rules and regu-
ations as are prescribed by law in
he District Court.
SEC. - At least twenty days be-
ore term of the County Court,
here shall be drawn, in the manner
low prescribed by law, the names
If twelve persons to serve as jurors
It said term; and on the first day
If the term the names Of all the ju
'ors upon the venire shall be called,
md thcreupon two petit juries, to
consist of six men each, shall be or
,anized under the direction of the
Jourt, TO be known as panels num-
,er one and two, for the trial Of civ
cases and the juries so organized
hall take the following oath, TO be
by the Clerk or Judge,
liz: You, and each Of you, do sol
,mnly swear, that in all cases be-
ween parties which shall be com
nitted to you, that you will a true
-erdict render therein, according TO
aw and evidence, so help you God"
SEC. 16. On the last day Of each /
erin Of the County Court, under
he provisions Of this Act, Il shall
,e &c duty Of the Clerk to make .
,ut and deliver to each juror a GER
ifcate in writing, signed by him 1
lfiicially, and sealed with the seal |
4 his Court, which shall state the /
number Of days the juror has been 4
n attendance, ard the amount due .
lim for such service, at the rate Of .