The Laws of Texas, 1822-1897 Volume 1 Page: 1,204
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Laws of the liepublic of Texas.
144
( 1204 )
Sec. 15. Any justice of the peace, before whom any case is
pending, shall issue subpoenas for all witnesses required by either
party residing within the county; and in case any witness required
resides without the county, may, provided reasonable and sufficient
notice has been given to the adverse party, of the time and place
of taking the depositions of such witness, issue a commission to
some justice of the county in which such witness resides, to take
his or her deposition; which deposition, so taken and returned,
shall be read in evidence; and the provisions respecting witnesses
of the “act establishing the jurisdiction and powers of the district
courts,” shall apply in all cases before a justice of the peace, so far
as they are not inconsistent with this act.
Sec. 16. Any justice of the peace may grant a stay of execution
issued by himself, for all sums under twenty dollars, twenty days;
and over twenty dollars and under fifty dollars, forty days; all
sums over fifty dollars, sixty days; provided the defendant shall
enter into bond, with security, to be approved by the justice, in
the penalty of double the amount of the judgment, including in-
terest and costs, conditioned for the payment of the same; and in
case the money is not paid at the end of such stay, execution shall
issue against the principal and security. for the judgment, with in-
terest and all costs. All judgments rendered by any justice of the
peace, shall bear legal interest until paid.
Sec. 17. Any party may appeal from the decision of any jus-
tice, to the next term of the county court for the county, where the
sum in controversy shall exceed twenty dollars; and the case shall
be tried de novo, on giving bond with security, to be approved by
the justice, payable to the adverse party, conditioned for the prose-
cution of such appeal to effect; and the payment of such judg-
ment, with the interest, and all costs and damages, in case the same
shall be affirmed; and if the defendant be the party who appeals,
and judgment be rendered for the plaintiff in the original suit, ten
per cent. damages upon the amount shall be included in such judg-
ment. If the judgment of the county court be for the defendant
in the original suit, he shall recover full costs.
Sec. 18. Every justice of the peace, from whose decision an
appeal is taken, shall, on br before the next term of the county
court, file with the clerk thereof, a certified copy of all the pro-
ceedings in such case.
Sec. 19. In cases of emergency, justices of the peace may
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 1, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth5872/m1/1212/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .