The Laws of Texas, 1929-1931 [Volume 27] Page: 672 of 1,943
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226 GENERAL LAWS.
be in force and effect from and after its passage, and it is so
enacted.
Approved May 18, 1931.
Effective May 18, 1931.
[NOTE: S. B. No. 614 passed the Senate by a vote of 30 yeas,
0 nays; passed the Houst by a vote of 106 yeas, 0 nays.]
APPEALS IN FORMA PAUPERIS, COUNTY, DISTRICT
AND JUSTICE COURTS.
H. B. No. 75.] CHAPTER 134.
An Act to amend Article 2266 R. S. 1925, regulating appeals in forma
pauperis from County and District Courts, and Article 2457 regulating
Appeals in the same manner from Justice Courts; simplifying the procedure,
providing that the affidavit of the party appealing, stating
his inability to pay or secure the costs, or any part thereof, shall be
prima facie, sufficient and conclusive, unless successfully contested
by an officer of Court, or a party, interested; specifying the Court,
Judge or Justice of the Peace, as the case may be, before whom such
contest shall be tried; providing that such an appeal shall not be dismissed
for defects or irregularities, either of form or substance, without
allowing the party appealing time an opportunity to correct or
amend the record in the respect in which it is found defective.
Be it enacted by the Legislature of the State of Texas:
SECTION 1. That Art. 2266 R. S. 1925 be amended so as
to read: "Art. 2266. Where the appellant or plaintiff in error
is unable to pay the costs of appeal or give security therefor,
he shall, nevertheless, be entitled to prosecute an appeal by
making strict proof of such inability, which shall consist of his
affidavit filed with the Clerk of Court stating that, he is unable
to pay the costs of appeal, or any part thereof, or to give
security therefor. Any Officer of Court or party to the suit,
interested, may contest the affidavit, whereupon the Court trying
the case, if in session, shall hear the contest; but if in vacation,
the same shall be heard by either the Judge of the Court
or the County Judge of the County where the suit is pending
and on such hearing evidence may be introduced, the right of
the party to appeal shall be determined, the finding certified
to, and filed as a part of the record of the case. It will be presumed,
prima facie, that the affidavit of appellant speaks the
truth and unless contested within ten (10) days after being filed
the presumption shall be deemed conclusive. The appeal will
not be dismissed for defects or irregularities in procedure,
either of form or substance, without allowing the party appealing
a reasonable time, not exceeding ten (10) days after notice,
to cause to be corrected or amended such defects or irregularities."
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1929-1931 [Volume 27], book, 1931; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth16362/m1/672/: accessed May 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .