The Quarterly of the Texas State Historical Association, Volume 2, July 1898 - April, 1899 Page: 48
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48 Texas Historical Association Quarterly.
cree of any court of probate; within ten days after such decision
or decree shall have been rendered, to the district court of the
county, provided such appellant shall give bond with good and
sufficient security, to be approved by said court of probate, con-
ditioned that said appellant shall prosecute said appeal to effect,
and perform the sentence, judgment, or decree which the said dis-
trict court shall make therein, in case the cause be decided against
The justices of the peace had large power as committing magis-
trates, but seem to have had no power to finally try any criminal
Their jurisdiction in civil cases was as follows: "Justices of the
peace shall have jurisdiction of all suits and actions for the re-
covery of money 'on any account, bond, bill, or promissory note,
or other written .contract, covenant, or agreement whatsoever, or
for specific articles, where the sum demanded does not exceed one
Section 7 'of the general provisions of this constitution is: "So
soon as convenience will permit, there shall be a penal code formed
on principles of reformation, and not of vindictive justice; and the
civil and criminal laws shall be revised, digested and arranged under
different heads; and 'all laws relating to land titles shall be trans-
lated, revised and promulgated."
'Section 13 of the judiciary article of the Constitution is: "Con-
gress shall, as early as possible, introduce by statute the Common
law ,of England, with such modifications as our circumstances, in
their judgment, may require, and in all criminal cases the Com-
mon law 'shall be the rule of decision."
In obedience to this mandate, the First 'Congress incorporated
in the judiciary legislation of its first session, the following article:
"The Common law 'of England, as now practiced and under-
stood, shall, in its application to juries and to evidence, be fol-
lowed and practiced by the courts of this Republic, so far as the
same may not be inconsistent with this act, or any other law
passed by this Congress."'s
1e Acts of First Congress, p. 147.
11 bid., p. 141.
18Ibid., p. 157.
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Texas State Historical Association. The Quarterly of the Texas State Historical Association, Volume 2, July 1898 - April, 1899, periodical, 1898/1899; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101011/m1/52/: accessed January 20, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.