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


the duty of the ClcrlS to pay over to
the County Treasurer all monies
that he may have received hy virtue
Of the previous section ~ we'll Us a'.
fines imposed on jurors, on upon OF,
ticcrs of the Court, or other persons,
for contempt or for violation CT th'
penal laws Of this State, and he shall
furnish the Treasurer II written
statement, specifying each item OF
money paid over under this section,
See, 10. In all casc', at the re.
quest Of either party, it shall he The
duty of the County Judge, or tho
person presiding us such, to deliver
Il written charge TO the jury upon
such questions Of law as may be op.
plicablc to the case.
SEC, 20, All laws now in force
concerning iuries shall be held to
apply to the County Court, except
in so far as the same may be con.
trolled or in conflict with the pro-.
visions Of this Act.
SEC. 81. Appeals TO tho District
Court may be taken in allciyil sNits
from the judgement or decree Of the
County Court; PrOcjded, the party
who intends to appeal shall give no.
tce in open Court, after his motion
for a new trial shall have been over
ruled by the Court, and shall, with
in ten days after the adjournment
thereof enter into a bond, with two
or more good and sufficient suriticS,
to be approved by the County Clerk,
in double the amount Of the debt or
damages or value Of the property
adiudged, conditioned forthe prose.
cution Of the appeal with effect, and
for the performance Of the judge
mont, sentence or decree Of the Dis.
trict Court; and no case which may
be brought up by appeal from the
County Court to the District Court
can be appealed thence to the IN.
prcmc Court, where the Ya!ue Of the
property or the amount in conlro.
vcrsy is less than two hundred dol.
lars; pr0rided no Constitutional
question is involved !; A1M pyorjicd
further, that if the District Judge
shall be satisfied. upon the tria! OF
any appealed case from the County
Court, that the appeal was friyol.
Gus, veEatious, or for delay, he shall
enter up judgment, affirming the
iudomcut Of the Court below, with
ten per cent: damages.
SEC. %. The filing Of the Un1@al
bond above specified shall be all
that is requisite to entitIe the party .
to have the cause removed into the !
District Court, after notice in open
Court, us aforesaid; and no state,
mcnt of facts, nor assignment Of cr.
rors, nor bill of exceptions, shal! ac-
the record into the Dis,
trict Court, but it shall be the duty
Of the Clerk, upon the filing Of tn"
appeal bond, to transmit in It scaled
envelope, directed to the Clerk Of
.hc District Court, all the original
papers in the case, together with
such orders, judgments and DEGREES
IS may have been rendered by the
County Court during the progress,
or upon the final trial Of the suit
md he shall transmit the appeal
oond, and taxation Of all costs that
nay have accrued in his Court, with
he other papers in the cause, and
he cause shall be dociletCd Il d stand
IS IN appearance case for trial dc
aor0 in the District Court and the
Judgement which is rendered tnore.
n shall carry with it the costs Of
Doth Courts, which shall be taxed
Ipon the execution to be issued ont
If the District Court.
SEC. %. No othor notice Of ap-
zeal shall be required than a notice
n open court, but upon the filing Of
he appeal bond, and tho transmits
ion Of the papers to the Clork of
he District Court, to be entered Of
'ocord, both parties shall be comsid-
,red in court, when the case shall
Ie called in its order upon the deck
It.
SEC. 81. In appeals from County
Courts TO the District Court no new
,ause of action shall be set up, or
,ftsct pleaded, that was not set mp or
pleaded in the County Court; but
n all other respects proceedings in
n the County Court shall be govern
ID by the rules regulating proceed
ngs in the District Court.
SEC. %. The judgement that the
District Court shall render in cases
ippealed from the County Court
hall not be certified to the latter
or observance, but the Clerk Of the
District Court shall issue execution
Is in other cases determined in bis
.ourt, taxing the cost ofboth courts
n the writ.
SEC. 26. All laws now in force in
he District Courts concerning exc
shall be held ~ apply u the
1ounty Courts where they are not
n conflict with the provisions Of
his act; Prorided, that the Clerk
hall, within ten days after the adj
ournment Of the Court, (unlcss 9th
rwiso directed by the successful
,arty, his agent or Attorney tax
he cost and ISSUE the writ Of HcIt
dcias, or whatever writ shall be
necessary to carry into effect tie
udgment of the Court; and any
,lerk that shall fail, neglect OF re-
use TO issue the writ provided for
~ this section, within the time
lerein specified, shall be liable to
inc Of fifty dollars, to be recovered
N motion before the Court, three
laws notice being given thereof
The amount so recovered TO 90 into
he Jury fund Of the County. r..
OF OFFENCES.
SEC. q. In the trial OF ali Offences
1ndcr the grade Of felony. - are
row or may hereafter be defined hr
q