On motion of tbe prosecution tbe appeal in tbis case from tbe Justice Court was dismissed in tbe County Court. Tbe recognizance for appeal to tbis court recites that appellant was convicted in tbe County Court. It should have recited tbe dismissal of bis appeal. There are two grounds in this character of ease which can attach tbe jurisdiction of tbe court on appeal: first, where the fine imposed in tbe County Court shall exceed $100 exclusive of cost; second, where tbe appeal from tbe Justice Court to tbe County Court has been dismissed in tbe latter court. These grounds are entirely distinct from each other. Tbe recognizance, to be valid, must recite one of said grounds, and it must set forth tbe true one, as manifested by tbe record. Tbe recognizance recites a conviction in tbe County Court, whereas in truth and in fact tbe record shows a dismissal of tbe appeal in the said court.

Tbe appeal is dismissed.

Dismissed.