Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1861-01-30

to eight, passed the house bill prescribing a
remedy for the collection Of debts, and stay
ing executions fer one year. We reproduce
the aw this morning, as amended, for the in
formation Of our readers:
SECTION l. Be it enacted By the General is
sembly Of TIE State Of Tennessee, That from
and after the passage Of this act, that all
judgments and DEGREES which shall be rendered
in any of the courts Of record lie 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 l~nfgment PROVIDED, That the defend
ant or defendants in said judgments OF DEGREES
shall sppear before said courts Of record du-
ring the Term Of such cour', OF within two days
after the rendition Of the judgment before jus
tees Of the peace, and give good and ample
security for the stay CT execution, to be ap-
proved by said courts and justices, which stay
shall operate as a judgment against the secu-
ritY in said courts or before sad Justices.
SEC. 2. That the affidavit Of the plaintiff in
the judgment, his agent OF attorney, made be-
fore the court OF justice Of the peace, OF bRfore
the clerk Of said court, il 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
10 be approved OF by the justices OF the peace,
or BY the court il in session, and If in vaca-
ion, the clerk Of said court, and upon the fail
ure to Justify or give other security, execu-
tion shall issue Immediately. If the additional
security shall be taken By a Justice Of the
peace, it shall De sufficient to bind the security,
if be write his name as additional security OF
slayer upon the Justices docket, or shall au-
tberize the same to be done by the justice,
either verbally or in writing. II said additional
security shall be taken by the court, the same
shall Re entered as matter Of record on the
minutes Of said court. II said additional Sc
curity shall be taken by the clerk in vacation,
it shall be sufficient 10 order to bind the secu-
rity that be acknowledge himself additional
security or slayer, on the execution docket in
said clerks ofi-e-
SEC. 3. That in all cases where judgments
or DEGREES have been rendered by any Of the
courts or justices Of the peace in this State,
upon which executions have not been issued,
or upon which executions have been issued
and not levied, the defendant OF defendants in
said Judgment or execution may appear before
the jus ice Of the peace, OF court, if in session,
OF before the clerk Of said court in vacation,
and upon giving good and ample security to
said ~jsstice, court or clerk, as the case may
be, IN the manner provided in the second sec
ton Of this act for giving additional security,
said execution shall be stayed for the period
Of six months from tie time said security shall
be given, when execution may issue against the
parties 10 the original Judgment and the secu-
rity for the stay of execution. And that In all
cases where any execution or order OF sale may
be levied on personal property, thatthe debtor in
the process 81 all have the optien to avail him
self Of the preceding provisions Of this az, or
it shall be lawful for him to give bond in
double the value Of the property, and good Sc
curity to the officer for the for booming Of said
property for sale at the court house Of the
county, or such other pace as the parties may
agree upon in which the levy Is made, on the
fret Monday of December, 1861. And il, in
the interval, the surety or sursties become in
sufficient, the levying officer may notify the
defendant, and he shall give sufficient addi-
tioDal security for the delivery Of said prop-
er y at said time and places. In order to con-
stitute the levy on real estate valid as to pro-
c~eedings before a justice Of the peace, the ex-
eeution shall be registered in the Registers
Office Of the county where the land lies.
SEC. 4. That in case additional security
shall be given az provided in the second sec
ton Of this cf, the first security given shall
not hereby be released from liability, but exc
cuti0n shall issue against the original parties
to the judgment, and against the first as well
as the additional sscuTit es.
SEC. 5. That this act shall not be construed
so as to authorize the stay Of executions upon
judgments before justices Of the peace, that
were not subject to stay before the passage OF
this act. Nor shall executions upon judgments
in court against officers and their Sc
%curities for official default, nor judgments in
favor OF q security, accommodation i%ndorser,
or cO-secuTlty, who has been compelled
to pay money for his principal or co-security, |
be stayed under the provisions Of this act.
SIC. 6. That all avs and parts Of laws
within the purview and meaning Of
this act are hereby repealed.
SEC. Z. This act shall expire by its own
limitation on the last day Of Jaly, 1862.
SEC. 8. That t~liis.aet shall not apply to &C.
or ejectments against executors, admin
i~strators, or other persons acting Ia a judicial
ry capacity, for money due by them to disJrib-
utees, iegstees, or others, and which has been
actually collected by them.
SEC. .. That if any party, upon being no.
tilted to give additional security, and shall fell
to do so, then tie officer shall proceed and sell
the property levied upon as though no delivery
bond had been given.
SEC. 10. That upon application Of tae slayer
or security Z 7 the delivery Of property,as pro-
yided fer By this act, By affidavit in writing,
to be fled with the papers, that be is fearful
and has good reasons that if execution is fur
stayed he will be COMPEL d to pay the
Judgment, an execution shah be issued against
he debtor and slayer at any time; CT if the
security for the delivery Of the property shall
make such affidavit, The principal in said de-
livery bond, upon ten days notice, sha | deliver
Tie property mentionedfin said bond, at the
place designated therein, and the officer shall
TO expose the same 70 public sale to
pay said debti Provided, the parties to the
Judgment may give new, good and
sufficient security, as now provided BY law.
SEC. II. That delivery bonds given under
he provisions Of this act, shall have the same
fleet and be governed ia all respects by the
laws now in force in reference to delivery
bonds, except 50 Far as the same may conflict
with this act.
Passed January 26, 1861.