The Laws of Texas, 1822-1897 Volume 7 Page: 518
1 volume (multiple pagings); 25 cm.View a full description of this book.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
66
Laws of the State of Texas.
from which the execution issued, and it shall be by the
proper officer of said court filed; and it shall be full evidence
to bind the defendant in execution and his assigns, and shall
operate as a relinquishment of all right of homestead to such
excess of land. If, after the expiration of the ten days after
service of notice on the defendant as aforesaid, the defendant
in execution has not voluntarily designated and separated his
homestead from any excess of land he may own subject to
execution, and delivered the same as required by this act to
the sheriff or other proper officer, such sheriff or other officer
shall at once, or at the earliest practicable time, summon,
either verbally or by writing, three disinterested freeholders
of the county, neighbors of the defendant, as commissioners
to designate the homestead of the defendant for him; and
said commissioners may employ a surveyor to assist them, if
they deem it necessarv; and said commissioners shall at once,
or at the earliest practicable time, proceed to designate the
homestead of the defendant; and the action of the said commissioners
shall be reduced to writing, shall be signed by
them, or a majority of them, and sworn to before the sheriff
or other officer holding the execution, who is hereby, for the
purposes of this act, authorized to administer oaths; and this
designation shall contain all the requisites of a voluntary one
under this act as to metes and bounds, name of survey or surveys
and number of acres in each, and, in addition, shall
state that they have been summoned by the sheriff or other
officer to perform this duty, and that the designation made
is fair and just to the defendant, to the best of their judgment
and belief, which designation the commissioners shall
deliver to the sheriff or other officer, who shall return it to
the court from which the execution or order of sale issued,
and when so returned it shall be filed by the proper officer of
the proper court, and shall be evidence of the facts stated,
and shall bind the defendant in execution, his heirs and assigns
as fully as a voluntary designation under this act.
Sec. 2. That the sheriff, for his services under the
first section of this act, shall be entitled to a fee of two
dollars; the commissioners, each, to a fee of two dollars
per day; the surveyor to a fee of five dollars per day,
which shall include pay for chainmen; the clerk or justice,
for receiving and filing the notice and return on the(518)
Upcoming Pages
Here’s what’s next.
Search Inside
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 7, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth6732/m1/520/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .