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An Act to provide for the foreclosing of Mortgages on real and personal Estates. 1838 12 (1838.4)

handle is hein.slavery/ssactstx0013 and id is 1 raw text is: by them in the discharge of their duties as pilots, and be in eve- ry way responsible to this government, for the good conduct and management of the aforesaid pilots. Sze. 2. Be it further enacted, That all pilots who have been appointed, by law, previous to the passage of this act, their appointments shall be submitted to the different collectors as above for their ratification. Sit. 3. Be it further enacted, That any person who shall be appointed as a pilot, shall enterinto bonds with two or more securities, payable in the sum of five thousand dollars to the col- lector of the port for which he obtains license as pilot, for the faithful performance of his duties and his good conduct and also binding him to keep always good and sufficient boats for his use. JOSEPH ROWE, Speaker of the House of Representatives. S. II. EVERITT, President pro tern. or the Senate. Approved, 23d May, 1838. SAM. H[OUSTON. AN ACT To provide for the foreclosing of .Mortgages on real and personal Istares. Sric. 1. Be it enacted by the senate and house of repre- sentatives of the republic of Texas, in congress assembled, 'I hat from and after the passage of this act, the method of foreclosing mortgages on land shall be as follows: any person entitled to foreclose a mortgage on land, or his or their attorney shall peti- tion the district court of the county where such land or a part thereof is situated, stating the case, and the amount of his or her demand, describing the property mortgaged, and the court shall grant as rule, that the principal, interest and costs, shall be paid into the court on or before the first day of the next succeeding term of such court, which rule shall be served upon the deiln- dant at least ninety days before the time of payment, if the par- !7 defendant be a resident of the republic; if not, it shall be pub- lished at least one month in some public gazette, and unless the principal, interest and costs he paid, the court shall proceed to give judement (or the amount which may be due on such mort- gage, and order the property mortgaged to be sold to the high-. est and best bidder, after the same shall have been advertised thirty days in some public gazette, and the money paid over to

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