The Laws of Texas, 1822-1897 Volume 2 Page: 266
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92
Lavws of the Republic of Texas.
Sec. 29. On all motions, the court may give or refuse costs, at
their discretion: unless where it is otherwise provided by law.
Sec. 30. In all cases of law, except motions where judgment
shall be given for the defendant or appellee, he shall rocover
his costs against the plaintiff or appellant, and have execution for
the same, and in all such cases where judgment shall be given for
the plaintiff or appellant, if not otherwise provided by law, he
shall recover his costs against the defendant or appellee and have
execution for the same.
Sec. 31. When any plea in abatement shall upon'argument in
any court of law, be adjudged insufficient, the plaintiff shall recover
full costs to the time of overruling the plea, and when by any inter'locutory
judgment or any other part of the pleadings, shall be
judged insufficient, all costs occasioned by such insufficient pleading,
shall be adjudged against him who committed the fault.
Sec. 32. A fee of one dollar for each legal notice proved to have
been delivered in any cause, whether at law or equity, shall be
taxed in the bill of costs.
Sec. 33. All taxes imposed on law proceedings, shall be included
in the bill of costs.
Sec. 34. The law of costs shall not be inter-preted as penal laws.
Sec. 35. When any party may be dissatisfied with the decision
of a cause in any inferior court of this Republic, and may desire
to appeal therefrom, such party shall have twenty days after the
term of the court at which such cause was tried, to file the appeal
bond required by law.
Sec. 36. In case the party be unable to give the appeal bond
tequired, such party may nevertheless appeal by giving security
for no more than the costs and damages of the appeal; but in that
.case the judgment of the court below, shall operate as a lien upon
all the property of the appellant, and the sheriff shall take possession
of his personal property, and keep possession of the same,
or so much thereof as will be sufficient to satisfy the judgment of
the appellate court, during the proceeding of the appeal, unless the
appellate should execute a bond made payable to the appellee, with
at least one good and sufficient security (whose solvency is to be
judge(l by the sheriff,) conditioned that such personal property
shall be forthcoming to be sold in satisfaction, or part satisfaction
of the judgment that may be rendered by the appellate court.
Sec. 37. The appellant at the hearing of the cause in the
court of appeals, shall furnish to each of the judges who may sit(266)
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 2, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth6726/m1/270/: accessed May 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .