
    Welling’s Case.
    
    1849. December Term.
    
    The County court has authority to require a party to enter into a recognizance to keep the peace: At least where the proceeding was commenced before the act of 1848, Sess. Acts 1847-8, ch. 14.
    In February 1848, Edward Welling, with two sureties, entered into a recognizance before a justice of the peace of the county, with condition to appear at the next term of the County court of Wood, and in the meantime to keep the peace towards all persons in the Commonwealth, and especially towards Edward Taggart. Welling appeared in pursuance of his recognizance at the February term of the Court; and the cause was regularly continued from term to term until October 1848, when Welling moved the Court to discharge him from further prosecution, upon the ground that the Court had no jurisdiction to try the case. But the Court overruled the motion and the defendant excepted. The cause was then tried, and the Court required the defendant to enter into a recognizance, with sureties, to keep the peace for one year from that day.
    The defendant then applied to the Circuit court of Wood county for a writ of error, which was awarded. But when the case came on to be heard, the judgment of the County court was affirmed. Welling then applied to this Court for a writ of error.
   By the Court.

The writ of error is refused.  