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

of the County Court, and shall re-
ceivc such compensation for the T.
services as is now allowed FOR simi-
lar services in the District Court.
SEC. 10, If any party to n suit in
the County Court, under the provis-
ions of this act, shall desire TO in
troduce in evidence any instrument
of writing which is Of record in the
office of tho Clerk of the County
Court, il shall not be deemed requi-
site to procure certified copies from
the clerk, but tho record book which
contains the writing sought to be
used, may be introduced, and the
required instrument read from its
pages Prouided, ho,cerer, thst be-
fore any record hoax can be thus
used, the adverse party shall have
one days notice, in writing before
the case is called for trial, of the par
ticular 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
pided, 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
copies of all instruments ol record
that were read in evidence, under
the provisions of this Section, and
forward the same, with the other pa
pers, to the District Clerk and this
| Section shall not be construed to re-
fer to any county records, other
than the records ofthe county where
in the suit is pending.
Sec. II. Applications for contin-
uance shall be governed by the laws
regulating the same in the District
Court; Provided, 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 to the date OF granting
the same.
SEC. IL. Witnesses, when sum-
moned to attend Court, shall be al
lowed compensation of one dollar
and a half for each days attendance,
and ten cents per mile for every
mile they may have to travel in go
ing to and returning from the Court
house. And no fine shall be impos-
ed upon witness, nor shall any at
tachmont issue against his body un-
til it is shown to the Court, by the
affidavit of the party, his agent or
attorney, that the mileage and COM
pcnsation aforesaid have been ten
dered to the witness.
SEC. 13. Witnesses who have been
duly summoned, and who remain in
attendance upon the Court, whether
they have been called to testify or
not, shall, at any time during the
term, or upon the adjournment of
Court, make an affidavit in writing,
before the Clerk thereof, stating the
number of days attendance, and
the distance they have been COM
PEELED to travel in going to and re-
turning from the Court, which affi-
davit shall be filed by the Clerk
among the papers in the cause. And
where party has advanced the
mileage and per diem, Gas contem-
plated in the preceding section,) the
witness shall nevertheless be re-
quired to make the affidavit as pro-
vided for by this section, and all wit
ness fees and mileage shall be taxed
in the bill of costs against the party
cast in the suit.
SEC. IA. In all civil suits in the
County Court, the depositions of
witnesses may be taken and re-
turned under the same rules and
regulations as are prescribed by
law in the District Court
Sec. IS. At least twenty days be-
fore term of the County Court,
there shall be drawn, in the manner
now prescribed by law, the names Of
twelve persons to serve as jurors at
said term; and on the first day Of
the term, the names of all the jurors
upon the venire shall be called, and
thereupon two petit juries, to con-
sist of six men each, shall be organ
lied under the direction of the
Court, to be known as panels num-
ber one and two, for the trial of CIV
il cases and the juries so organized
shall take the following oath, to be
administered by the Clerk or Judge,
viz: "You, and each of you, do SOL
emnly swear, that in all cases be-
tween parties which shall be COM
mitted to you, that you will. a true
verdict render therein, according to
law and evidence, so help you God"
SEC. I6. On the last day of each
term of the County Court, under the
provisions of this Act, it shall be the
duty of the Clerk to make out and |
deliver te eachjuror certificate in
writing, signed by him officially, |
and sealed with the seal of his COURT |
which shall state the number of days |
the Juror has been in attendance,
and the amount due him for such |
service, at the rate of one dollar and |
fifty cents per day, which said GER
tifcate shall, on presentation to the
County Treasurer, be paid by him,
and shall be sufficient voucher in
his hands
SEC. II. In all civil suits that |
may hereafter be commenced in the |
County Courts under the provisions |
of this Act, jury fee of three dol
lars shall be taxed in the bill ofcosts |
and collected as other costs Of suit. |
SEC. Is. Upon the adjournment |
of each term of the County Court,
convened under this Act, it shall be
the duty of the Clerk to pay over
to the County Treasurer all monies
.Ias ha NAV haua racairQd bu vir- /