OCR Text |
Show APPEALS TO THE DISTRICT COURT ... . Judge Zane Delivers an Opinion in This Important Matter. Judge Zane delivered his opinion his morning in the matter of reinstating a number of appeal cases from the Justice's court. The opinion holds that the pracV tice of requiring appellants to pay jury fees as well as the clerk's fees in order to get cases docketed in the District Court was improper, as the law which made provision for jury fees only applied to civil cases. It further holds that when j an appellant is unable to pay the costs j incidental to taking an appeal, through positive absence, of means, he may make I affidavit to this effect; which, when, filed,, shall entitle the case to the same priviliges as though the costs had been paid-and the Territory would be held liable -for-, such amount. It shall be the rule, hereafter, said the Judge, and one which I wish the' clerk to note and be guided by in the fa-' ture, that all cases of - appeal from lower courts must file their papers with the clerk, and within thirty days thereafter to pay the clerk's fees and whatever other costs may be legal, barring jury fees ; and a failure to comply with this shall entitle the cases to come up for dismissal. In respect to the cases now before the court, ten days will be allowed appellants in which to pay costs or to file affidavits setting forth their inability to pay such-costs, such-costs, in the absence of which tho order of dismissal will be sustained. |