Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-01-27
The Relier lreasnre..

The Keller 1oaSuTes ~
The following is copy of the bill prescribing
the remedy for the collects N of debts and relief for
the people as it finally pas sssd the Senate on satur
day. As it had previously passed the House of
Representatives, it is now . law.
SECTION /. Be Il enacted By the General Assembly
Of ts SE1te of Tennessee Tlaat from and after the
passage Of this act that all Judgments and DEGREES
which shall be rendered in any of the Courts of
Record in this State or Which shall be rendered by
Justices of the Peace of this State for money shall
be stayed by such Courts and Justices for the period
of twelve months from the rendition of such de-
cree or Judgment PRovIDED That the defendant or
defendants in said judgments or DEGREES shall APP
near before said Courts of Record during the term
/ of such Court or within two days after the Pend-
tion of the Judgment before Justices of the Peace,
and give good and ample security fer the stay Of
execution, to be approved of by said Courts or
! Justices which stay shall operate as z judgment
against the security in said Courts or before said
Justices.
SECTION O. Be Il further enacted That the affidavit
of the Plaintiff in the Judgment, his agent attor-
ney made before the Court Justice of the Peace,
4 or before the Clerk of said Court if in vacation,
showing that the security for the stay of executions
is not good and sufficient the defendant, upon five
days notice being given shall Justify the security
already given or give other security to be approved
of by the Justices of the Peace or by the Court in
session. and if in vacation the Clerk Of said Court,
and upon his failure to justify give other secur
~ execution Shall issue 1umeQAIely. III the audi
& tional security shall be taken by Justice of the
Peace it shall be sufficient to bind the security if he
write his name additional security stayOr upon
the Justices docket, shall authorize the to
be done BY the Justice, either verbally or in writ
ing. Hssid additional security shall be taken by
the Court the shall be entered as matter of
record on the minutes of said Court. If said addi-
tonal security shall be taken by the Clerk in yaca-
ton, it shall be sufficient IN order to bind the secur
ty that he acknowledge himself additional security
atavor ON the execution docket in said Clerkis
office.
SECTION 8. Bet further enacted, That in all caess
where judgments or DEGREES have been rendered by
any Of the Courts Justices OF the Peace in this
State, upon which executions have not been issued,
or uponIwnieh executions have been issued and not
levied the defendant defendants in sdjudgmsni
a or execution may appear before the Justes of the
Peace Court if in session, or before the clerk G
said Court in vacation, and upon giving good and
ample security to said Justice, Court clerk, as tbs
case may be, in the manner provided in the SECOND
section OF this act for giving additional security
said execution shall be stayed for the period Of sil
months from the time said security shall be given
when execution may issue against the parties TO tn
original judgment and the security for the stay
execution. And that in all cases where any execu
!. tien or order of sale may be levied on persons
: property that the debtor in the process shall hsv
the option TO avail himself Of the preceding provi
sions of this act or it shall be lawful for him 4
give bond in double the value eff the property, anC
q good security TO the 0lcer Tor the
said property for sale the Court House of the codn
ty or such other place the parties may agree upo
in which the levy made, on the first Monday of De
, eenber 1861 And If in the interval the surety o.
g sureties become insufficient, the leVyng officer ma
n notify the defendant and he shall give sufhcien
additional security for the delivery Of said propert
at SAID time and places. In order to constitute tn
levy on real estate valid to proceedings before
Justice of the Peace the execution shall he regis
q tered in The Registers Office OF the county wher
. the land lies.
e SEC. f. Belt further enacted That in case add
tonal security shall be given provided in the sc
cond section of this act the first security given shall
a not thereby be released from liability, but execu
ton shall issue against the original parties to tn
Judgment and against the frst as well as the add
10 tional securities.
IN SEE s. Be Il further enacted, That this act shal
not be construed as to authorize the stay of exc
cutions upon judgments before justices Of the psac
le that were not subject stay before the passage
this act Nor shall executions on judgments render
ed in court against officers and their securities 70
f official defsult nor judgments in favor OF security
= accommodation endorser, stsyor, or co-security
" who has been compelled to pay money for his prin
cpal or cosecurity be stayed under the prOvsish
10 of this act.
A. SEC. g. Be IL further enacted, That all laws an
= parts of laws coming within the purVew and near
ing Of this act are hereby repealed.
" SEC. 7. This act shall expire by its own limits
n, ton on the first day Of July, 1862.
OIL rec. DE u JuTtdeT eHdCtebg 1Eht tAt5 nv SAS
m not apply to actions eestments against executors
administrators or other persons acting in judiein
= ~ capacity, for money due by them to distributes
nd egatees or Others and which has been actually
ed lected by them
e. SEC Q. Be it f.rthsr esaeted That if any psrtl
or upon being notified to give additional security an
shall fail to do So then the ofcer shah proceed an
sell the property levied upon Though deliver
bond had been given.
go SEC 10 Be IL further enacted, That upon applies
in ton of the stsyor or security for the delivery
property as provided for by this act, By affidavit
writing to be filed with the papers, that he is fesl
full and mas good to believe that if execute
~ is further stayed he will be compelled ia pay th
Judgment an execution shall Issue sgsinst the deb
or and ssyor at say time; if the security for IL
delivery Of the property shall make such affidavit
the principal in said delivery bond, upon ten day
notice, shall deliver the property mentioned in sa
IN bond at he place designated therein, and the Of
n Ger shall proceed to expose the same to public So
oh TO pay said deb PROVIDED the parties to the orig
=. nal Judgment may give new, good and sufficient S
He curly, as now provided By law.
up SEC. IL. Be ii further enacted, That delivery BON
ci- given under the provisions of this act, shall ha
the same effect and be governed in all respects
the laws now in force in reference to delivery bend
except so far as the same may conflict with this &C
81 Passed, January 26, 1861.