Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-02-01

The Stop Law.
Inc following IS a copy of the bill prescribing
theremedy for the collection of debts and relief for
1ne people as it finally passed through the Legsla-
ture, aRd is now a Law.
SECTION l. BE Il esacfsd 5y Tie General assembly,
y az oeels g Tennessee, That from and after the
passage Of this act that all indictments and ocses
which shall be rendered in any of the Conrts of
record In ths state, which shall be rendered BY
Jus1ces OF the Peace Of this State for money shall
DC stayed by such Courts and Justices for the period
Oh twelve months from the rendition of sIel de-
cree Judgments PROVIDED, That the alsn, or
defendants m said judgments or DEGREES shall an
pear before said Courts of Record during the term
OF such Court, within two days after the rendi-
ton OF the judgment before Justices of the Peace
ana give good and ample security for the stay of
| execution, TO be approved of by said Courts or
1ustices, which stay shall operate as a Judgment
against the security in said Courts or before said
SECTION q Bet further enacted That ,,pon affidavit
OF the Plaintiff in the Judgment his agent or attor-
ney, made before the Court Justice of the Peace
or before the Clerk of said Court if in yacati N
showing that the security for the stay of execution
IS not good and sufficient; the defendant upon five
days notice being given shall Justify the securitv
already given or give other security to be approved
OF by the Justice of the Peace or BY the Court if in
session. and if in vacation by the Clerk of said Court
ana upon ms failure to justify or give other securi
ty, execution shall issue immediately If the addi-
tional security shall be taken by q Justice of the
Peace it shall be sufficient to bind the security If he
write his name additional security or stayor upon
the Justices docket shall authorize the same to
be done by the Justice either verbally or in vvrs
ing II said additional security shall be taken by
the Court, the same shall be entered as matter Of
record on the minutes Of said Court If said addi-
tional security shall be taken by the Clerk in yaca
tion 1t shall be sufficient order to bind the securi
ty that he acknowledge himself additional security
or stayor, on the execution docket in said Clerks
office.
SECTION 5. Be Il further enacted That in all cases
where judgments DEGREES have been rendered BY
any Of the Courts 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 or defendants in said Judgment
or execution may appear before the Jus,ics Of the
Peace or Court il il session. or before The clerk of
sald Court IL vacation, and upon giving good and
ample security TO said Justice. Court clerk cs the
case may be- in the manner provided in the seeond
secnon OF TINS aet for giving additional security
SAID execution shall be stayed for The period of sig
months fron the time said security shall be given |
when execution may issue against the parties "a the
original judgment and the seeuri.7 for the stav of
exseuuoo' And mat IN ali cases were any execu-
tisn or order Of safe msy be levied on rersonal |
property that the debtor in the process sbsI have
the option to avail himself Of the preceding provi
slons Of this aet or it shall be lawful for him n
give bond in double the value Of the property, and
good security to the oiser for the forthcoming Of
odiO tOF OCufL House OF
ty or such other place the parties may agree upon
In which the levy is made, on the first Monday of De-
cember, 1851 And If in the interval the surety OR
suretles become insufficient, the evying officer nav
notify the defendant and he shall give sufficient
additional security for the delivery of said nronertv
at SAID time and place. In order to constitute the
levy on real estate valid to proceedings before
Justice Of the Peace, the execution shall he regis
tered IN the Registers office of the county where
the land lies.
SEC 4 Re- n further onoofsJ TJ.at |
honal security shall be given as provided in the Sc
cOnd section OF this act the first security given shall
not hereby be released from liability but exeel,-
ton shall issue against the original parties to the
tional securities.
SIC. 8. Be Il further enacted, That this act shall
not De construed SO as to authorize the stay of exc
buttons upon judgments before justices of the p.ace
IAss were not SUBJECT TO stay before the passage of
this act Nor shall executions on judgments render
ed in court against officers and their securities for
official default nor judgments in favor Of security
accommodation endorser, stayor, or eo-seourity |
Who has been compelled to pay money fer hls pri1-
'ipal or casecurity be stayed under the provisions
If this act.
SEC. 6 e IL JsrtAsr enacted, That upon spplies
oa the stsyor security for the delivery ofprop
'rty, as provided for By this act By affidavit in writ
ng TO be filed with the papers, that he fearful and
'ehsves aud mas good reasons to believe that if exc
utionis further stayed he will &c compelled TO nav
eotor and steyoF at any tines if the security fer
ne delivery ofthe property shall make such affidavit
ne principal in said delivery bond, upon ten days
otlce, shall deliver tie properly mentioned IN said
ond at the place designated therein and the Off
er shall proceed to expose the same to public sale
pay said debt: Provided the parties to the origi-
al Judgment may give new, good and sufficient Sc
unity, as now provided by law.
SEC. Z. BE it further enacted That delivery bonds
wen under tie provisions of this aet shall have
ne same effect and be governed in all respects by
ne laws now 10 force in reference TO delivery bonds
xcept 50 far % the may conflict with this eet
SEC. q Be Il further enacted, That if any party, n
pan beng notified TO give additional security and
lal fail to do So then the ocer shall proceed and
'iI the property levied upon though no delivery
ond had been given.
EEC. ?. lie IL further enacted That this act shall
ot apply to actions or judgments against executors,
1mlnlstrstors, or other persons acting in iducia-
capacity, for money due by them to distributes,
gasees o. others, and which has been actually col.
cied by them.
SEC 10 This act shall expire by its own linaits.
on on the first day of July, 1862 IN
Passed, January &c, 1891.
". Z. WHfTTHORNE,
speaker q tss House Of Representatives, II
TAI. W. NEWMAN,
Speaker Of the Senate.