Laws Passed by the Sixth Congress of the Republic of Texas. Page: 69
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69
or defendants, in his, or her, hands, it shall be lawful-for th}e
court, or clerk, to cause the person, or persons, supposed to be indebted
to, or supposed to have any effects of said defendant, or
defendants, to appear at the next term of such court as garnishee,
or oarnis}hesc; anid said court shall examine and proceed against
said amirnli s-le, or garnlisiees, in the same manner as prescribed
by law., naiilt rair iisllees in original attachments.
SFC. 15. Re fit Jtriher enacted, That if any person shall bid
off prop-1rt, Ltt any sale made by virtue of an execution, and shall
fail to coilly w ith the terms of the same, he shall be liable to
pay t t the plainttiif, or plaintiffs, in execution, twenty per cent.
on the vari.l of the property thus bid off, besides costs-to be reco
verel i)e!bre the court whence the execution issued, by. motion,
three days' previous notice being given to him, or her, that such
motion will b1e iiade ; and should the property, on a second sale,
britnr less tfhan on the former, lie shall be liable to pay to the defendant
in execution, all loss which he sustains thereby, to be
recovered as above in this section.
'Sc. l'. L.'e it further e ,acted, That when the terms of the
sale shatl l not be complied with by the bidder, the sheriff shall
pro,'-ieed to sell the property again, on the same day, if there be
suicient ti; but ; if not, he shall re-advertise the same-for the
next succeeding regular day of sale.
S Fc. . . Be it further enacted, That, upon the day of sale, the
plaintiff may choose one, and the defendant another, appraiser,
who, after being duly sworn bythe sheriff, shall proceed to appraise
the property levied on at its fair cash value; and, in case said appraisers
sialil not be able to agree, they shall choose an umpire,
-wo. anltcf beCingl duly sworn in like manner, shall proceed to decide
between -? t lienl; lbut if either party fail to attend or make his
selectio:!, ei!ler in person or by agent, it shall be the duty of the
sheriff to appoint an appraiser, or appraisers, for the absentee, or
absentees. The appraicsement shall be reduced to writing, and
signed by the appraisers, or a majority of them: the sheriff, or
otler oficr, stlhall then proceed to offer the property so levied on
and appraised, for sale; to the highest bidder, for cash; and if the
hi.rhest sum bid does not amount to two-thirds of the valuation
made by the appraisers, there shall be no sale: provided, that if
the property so levied on and appraised, be personal property or
slaves, the defendant shall give bond, as specified in the seventh
section of this act, conditioned, for the delivery of the property to
the sheriff, or other officer, whenever thereto required; and that
he shall not, in the mean time, remove said property out of the
county in which said levy is made.
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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/m1/69/: accessed March 29, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .