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An Act concerning Executions. 1839 93 (1839)

handle is hein.slavery/ssactstx0023 and id is 1 raw text is: ,o leitr the same, a true copy of tie report of the facts agreed oil
or certified by tie judge of the court below, and the facts shall
be agreed on by the adverse parties or their attornics or certified
by the judgre before the rising of tile court below.
DAYID S. KAUFMAN,
,S'peaker of the House of Representatives,
DAVID G. 3URNET,
President of the Senate.
Approved 1,'ebruary 5th, 1S40.
MIRABEAU B. LAMAR.
AN ACT
Concerning Execitions.
Sirc. 1. Be it enac/ed by die ,SC nate and THouse of 1?epre-
sentatives (of the Republic of Texas, in Congress assembled,
phat from and after the rising of every court it shall be the duty
of the clerk thereof to tax the costs of suit in every case incurred
by the successful party, and for which judgment shalt be rendered,
and issue ekecution, and endorsing on each execution issued, the
several teins contained in the bill of costs, in intelligible words
and figures.
SIc. 2. Be it further emacted, That it shall be the duty
of the clerks of the several courts of this Republic to keep aft
execution docket, in which shall be entered the names of cases,
the time at which execution issued, tile amount therefor, to whom
and when delivered, and the returns which may be made thereon
by the sheriff, or such officer ,s may receive the execution, wvhich
said docket shall be subject to the inspection of any person inter-
ested at any time when required, and any clerk who shall fail to
keep such a docket, or shall neglcct to make the entries, shall be
liable to a fine of one hundred dollars, to be recovered by the
partV complaining by motion before tile court, five days previous
notice being given thereof.
S Ec. 3. Be it farl/her enacted, That should the defendant
in aty judgment of the court be about to leave the county in.
which judg ent may be rendered, and before rising of the Court;
the court shall order execution to be immediately issued, upon ar-
affidavit bbing made and filed with the court of that fact.,
SEc. 4 . Be it furlher enc&Ied, That all- Exeiutibins'shall
be made re'turnable at the e0xt ierm. of the court and'  tefeud.

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