Clarksville chronicle. (Clarksville, Tenn.) 1857-1865, 1861-02-01
AN ACT.
Prescribing the Remedy for the Collection Of Dt1s
and the Relief Of he People

ana the Rst9 Of the People
SIC. l. Be IL enacted by the General Assembly
Of the State Of Tennessee, That from and after the
passage of this Act all judgments and DEGREES
which shall be rendered in any Of the Courts Of
Record in the State or which shall be rendered by
Justices for the Peacs Of this State for money shall
he STAYED by such Courts and Justices for the period
of twelve months from the rendition of such decree
or Judgment: PROVIDED, That the defendant or de-
fandants in said judgments or DEGREES shall appear
before said Courts of Record during the term Of
such Court or within two days after the rendition
of the Judgment before Justices of the Peace, and
give good and ample security for the stay Of execu
ton, TO be approved of by said Courts OF Justices
which stay shall operate as a judgment against the
security in said Courts or before said Justices.
SIC. 2. Belt further end:tei That upon affidavit
of the plaintiff in the Judgment, his agent or attor-
ney made before the court or justice of the peace,
or before the clerk Of said court if in ltion show
Sg that the security for the stny 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 he approved
of by the Justice Of the peace by the conr il in
session, and if in vacation by the clerk Of said court
and upon his failure to justify give other security
execution shnllissue Immediately. If the addition
Al security shall be taken by justice of the peace
II shall be sufficient to bind the security il he write
his name as additional security or siayor upon the
Justices docket shall autl orizc the samr - be
done nv the Justice either verbally or in writing
If said additional security shall be taken by the
court the same shall BE- entered matter of record
on the minutes Of said court. If said additional
security shall be taken by the clerk In vacation IL
shall be sufficient in order to bind the security that
he acknowledge himself additional security or
stayor on the execution docket in said clerks Of
fee
SEC 3. Bet further enacted That in all cases
~. I'll hax hoo 10
auy of the Courts or justices of the Peace in this
State unou which executions have not been issued.
and not levied the defendant or defendants in said
judgment or execution may appear before the jus
tice of the Peace or Court If in session, before
the Clerk of ssid Court il in session. before the
Clerk of said Court in vacation, and upon giving
good and ample security 70 said Justice, Conrt or
Clerk, rs the case may be- in the manner provided
in the second section of this act for giving addition
al security slid execution shall be STAYED for the
period of six months from the time said security
shall be given, when execution may issue against
the parties to the original Judgment aud the sccuri
ty for the stay Of execution aud that in all cases
where any execution or order Of sale may he levi
ed on personal property that the debtor in the pre-
cess shall have the option to avail himself Of the
preceding provisions Of this act it shall he law
full for him to give bond in double the value Of the
property and good security to the officer for the
forthcoming Of said property for sale, at the Court
House of the county, or such other place as the par
ties may agree upon. in which the levy Is made, on
the first Monday Of December 1861. And If in the
interval the surety or suretics become insufficient
the levying officer may notify the defendant and he
shall give sufficient additional security for the deliv-
cry of said property at said time and places In
order 10 constitute the levy on the real estate valid
as TO proceedings before the Justice Of the Peace
the execution shall be registered in the Register
Office of the county where the land lies.
SEC 4. Bel further enacted That in case addi-
tional security shall be given provided in the sec
ond section Of this Act the first security given shall
not thereby be released from liability, but execution
shall issue against the original parties to the judg-
ment and against the first well rs the additional
securities.
SEC 5. Be Il further enacted, That in all cases
where judgments have been rendered by Justices Of
the Peace, and have been stayed for eight months
under the existing laws. and which stay has not ex-
prcd at the time this Act shall take effect the de-
PENDANT may extend the stay Of said execution -four
months longer upon giving ample security therefor
to the satisfaction Of the Justice OF The Peace which
may by new stay, or by consent Of the Original
stayor, if deemed sufficient by the Justice.
Src j. Be Il further enacted That this act shall
not be construed to authorize the stay OF exc
cutons upon judgments before Justices Of the peace
that were not subject to stay before the passage d
this act Nor shall execution on judgments render
ed in court against officers and their securities fol
official default judgments in favor Of security
accommodation endorser stayor, or eo-securty who
has been compelled to pay money for his principa
or co security be stayed under the provisions Of this
act
SEC. T. Be IL further enacted That It shall he
misdemcanor on the part Of any clerk Of said corSts
or sheriff constable, or other officer into who's
hands an execution may shall hereafter come, Il
violate the provisions Of this act and shall be sub
iect IN he presented accordingly.
SEC. 8. BE il further enacted That seciiou-o
the Code making il lawful for Chancclors to dissov
iniunctions for the collection of money 10 vacation
Is hereby repealed.
SEC, o. Be il further enacted That all laws AM
parts OF laws coming within the perview and mean
ing Of this act hereby repealed.
Sec. TO- This act shall expire BY It's own limit
alton on the first day Of July, 1862.
SEc. 4. Be Il further enacted That the proyis
ions of this act shall not apply to actions or judg
meuts against executors, administrators, or othe
officers acting in nm official capacity