Laws Passed by the Sixth Congress of the Republic of Texas. Page: 68
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68
same, shall be liable to pay ten per cent. per lnonth on the amount
so collected, besides interests and costs. which may be recovered
of' him and his sureties by motion before the court fiolrnl which
said execution issued, three days' previous notice benll , given.f
SEC. 11. Be it further ena, redl. Tat t i shil b1 e hlie duty of
the sheriff to keep, securely: all P)(trperty tviCle on 1,ry lim ior
which no delivery-bond las beeni. iven t: d it' ainy loss should
result to any party intlerestedrl. ,V Tis IneJ'lia'cnc'. lhe sliall t ci1 -
ble to pay the value of the 1-ropertr so-lost. atnId ten per cetl. dcinages
thereon----to le recovered. by tile party injured. lh:erc a'ti
court of coinpetet jurisdictioj. three ds' reviols Ioti e tIhereoft
being given.
SEc. 1.2. Be it )lrther enirctedr. rThat. \whenever 1lill judgment
shall be rendered, ,by anily of t of te ots o rec-,rd of tlis oepublic,
it shall operate as a lien on all tle i'cA ci;, tc (AL tlen d:fendant,
situate and aeig init sae a :::; U where tle judicmnent
is rendered, from thle day of tlie dlate o1 tlie - tie judcoilct: tovided,
that said lien shall cense to operate if execution be lot
issued out within twelve months from the date of tle judCgre1t.
S ,c. 13. Be it further eraictedl, That w-hen jt dog-lcit s:aill
be obtained before the Stuprenme District, Counlty}, oi .Jst!iccs'
Courts of this Republic, for any debt or damages, a- d tlhe pcrsf:against
whole siUch jdgrillentt shall be obhtainled s; ll ltt hl,.'e
sufficient property \ withi tLe. country wher: li}] .I' linict ;l)a]ll
be rendered, to satisfy: tle execulion of t}lh pIlatii' it :ia!L be
lawful to issue execution. (irected to thi, .ti riiff; i -. r citer leln
officer, of any country in this Republic, wh}I: i, e l'( e!icncdanlt rmay
have property: w lilch said she,:ifT. r other i tficl. to who\ m sjid
execution mnay be directed, is here'by e(mvpov:red tud reiquircd to
serve and execute the s-rmne. and s}hal Imak!e return thlereo-to tihe
court where tlh jllrment wras rend(tred: provided, tilit iexections
from justices' courts. when set) to a different couily t ifrom
that in which they f:re issued. shall be accomnanicd by i: cei'tlicate,
under seal of the clerk of the county court, that the officer
issuing lhe sane is a justice of the peace.
SEC. 14. Be it f.urt/,er enacted. That whenever a jludgment
shall have been rendered by any coirt of this Reprublic. if tlie
plaintiff, his agent, or attorney, shall make affiEavit bel;re the
court, or clerk thereof, in which judgment was obtained, that the
defendant, or defendants, hath, or have, no property within the
knowledge of such affiant, in his or their possession, of which the
debt can be made, and that such affiant has just reason to believe
that another person, or persons, is, or are, indebted to said defendant,
or defendants, or hath, or have, effects of such defendant,
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Texas (Republic). Sixth Congress. Laws Passed by the Sixth Congress of the Republic of Texas., book, 1842; Congress Avenue, Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth45349/m1/68/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .