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An Act to reduce into one, and amend the several Acts, concerning Executions. 1841 66 (1841)

handle is hein.slavery/ssactstx0039 and id is 1 raw text is: AN ACT To reduce into one, and amend the several Acts, conceining Ex- ecutions. SEr. 1. Be it enacted by the Senate and louse o(f I )Ike sentatives of the Republic of fTxas in, Congre assemled, That, from and after the rising of every court, it shall be the duty of the clerk to tax the costs ot suit in every ease incurred by the successful party, anll issue execution. e'uttorsincr thereon the several items contained in the bill of costs, in intelligible words and figures. Sric. 2. Be it furthr enacled, That it shall be the dilty of the clerks of the several courts of this Republic to keep an execution docket, in which shall be cntercd the nlallies of cases, the litle at which execution issued, the amount ti ot urel, to whoIFI lond when delivered, and tile returns which n yl 1 be reade thereol by tie sheriff, or such officer Its may receive t e execution ; which said docket shal lI be subject to the inspection of any person interested, at ainy tilme when required ; and any clerk wIo shall fitil to keep such a docket, or shall neleet to make the entries, shall 1)e liable to a fine of one hundred dollars, to le recovered by the party complaining, by motion before the court, three days' previous notice being given thereof SEc. 3. Be it further enacted, That should the defendant, in any judgment of the court, e abotl to remove his or her property from the county in which judrrment may he rendered, and before rising of the court, the coirt slmll order- execution to be imnnmedi- ately issued, upon al aflidavit being made and filed in the court to that effect. SEC. 4. Be it further e,,eted., That all executions shall be made returnable on or before the lirt day ofithe next term of the court-except in justices' courts, in which they shall be mode returnable in sixty days; and the delI'ndant, or his agent or at. torney, in all cases, slll have the right to designate the property to be levied on, provided said property shall lie in the colnlty where judgment shall have been rendered, or to which execution may be issued ; and if the defendant, his agrcnt or attorney, shall fail or refuse to designate the same, it being his' own l)roperty, then the levy shall be made in the Ibliowiig manner: first ol personal or nmoveable property, then on uncultivated lands, then ol slaves, and, lastly, on the improved lands or homestead of tilt deftrdant.

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