Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1866-11-10

apply to the County Court, except
in so far as the same may bo con
trolled or iri conflict with the pro
visions of this Act,
SEC. 81. Appeals ta tho District
Court may be taken in all civilsults
from the Judgment or decree Of the
I County Court !. ProUided, the party
who intends to appeal shall give no
tice in open court, after his motion
for new trial shall have been over
ruled by the Court, aiterhis motion
for n 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 moro good and sufficient suIeties,
to be approved by the County Clerk
in double the amount Of the debt or
damages or value of the property
adiudged, conditioned for the pros
ecution of the appeal with effect,
and for the performance Of the ludg-
msnt, 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 Su-
preme Court, where the value Of tie
property or the amount in contro-
versy is less than two hundred dol,
lars provided no Constitutional
question is involved And prorded
further, that if the District Judge
shall be satisfied, upon the trial OF
any appealed case from the County
Court, that theappcal was frivolous,
vexatious, or for delay, ho shrll en-
ter up Judgment, affirming the judg-
ment Of the Court below, with ten
per cent. damages.
SIC. %. The filing of the appeal
bond above specified, shall be all
that is requisite to entitle the party
to have the cause removed into the
District Court, after notice in open
Court, as aforesaid {; and no state
mcnt of facts, nor assignment of er-
rors, nor billof exceptions, shall ac-
company the record into the Dis
trict Court, but it shall be the duty
of the Clerk, upon the fling of the
appeal bond, to transmit in sealed
envelope, directed to the Clerk of the
District Court, all the original pa
pers in the case, towether with such
orders. INDICTMENTS and decrccS, rs
may have been rendered by the
County Court during the progress,
or upon the final trial of the suit,
and he shall transmit the appeal
bond, and taxation of all costs that
may have accrued in his Court, with
the other papers in the cause, and
the cause shall be dockcted and stand
rs an appearance case for trial de
moro in the District Court; and the
Judgment which is rendered therein
shall carry with it the costs Of both
Courts, which shall be taxed upon
the execution to be issued out. Of the
District Court.
SEC. 23. No other notice of ap-
peal shall be required than notice
in open court, but. upon the filing Of
the appeal bond, and the transmits:
sion Of the papers to the Clerk of
the District Court, to be entered Of
record, both parties shall be consid-
cred in court, when the case shall be
called in it's order upon the docket.
SEC. "a. In appeals from County
Courts to the District Court, no new
cause of action shall be set up, or
offset pleaded, that was not set up
or pleaded in the County Court but
in all other respects proceedings in
the County Court shall be governed
by the rules regulating proceedings
in the District Courts.
SEC. 25. The Judgment that the
District Court shall render in cases
appealed from the County Court shall
not be certified to the latter for OBJ
servance, but the Clerk Of the Dis
trict Court shall issue execution as
in other cases determined in his
court, taxing the cost of both courts
in the writ.
SEC. 26. All laws now in force in
the District Courts concerning exc
cutions, shall be held to apply to
the County Courts where they are
not in conflict with the provisions Of
this act; Prorided, that the Clerk
shall within ten days after the ad~
iournment of the Court, (unless 9th
erwise directed by the successful
party, his agent or Attorney tax
the cost and issue the writ of feri
facias, or whatever writ shall be
necessary to carry into effect the
Judgment of the Court; and any
Clerk that shall fail, neglect or re-
fuse to issue the writ provided for
by this section, within the time
herein specified, shall be liable to a
fire of fifty dollars, to be recovered
on motion before the Court, three
days notice being given thereof
The amount so recovered to go into
the jury fund Of the County.
OF OFFENCES.
SEC. 27. In the frial ofall offences
under the grade of felony, as are
now or may hereafter be defined by
law, the County Courts shall have
original and concurrent jurisdiction
within the bounds of their respec-
tive counties
SEC. 20. Upon complaint being
made before the County Judge, or
the Clerk of the County Court, that
an offence has been committed which
said court has jurisdiction to try, it
shall be the duty of the Judge or
Clerk to reduce the complaint to
writing, and cause the same to be
signed and sworn to by the COM
piainant, and it shall be duly at
tested by the Clerk or Judge, and
filed. Said complaint shall state the
name Of the accused, if his name is
known, and the offence with which
he is charged shall be stated in plain
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