Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-01-23
Tne RELIEF Measure.

The following is copy of the bill prescribing
the remedy for the collection of debts and relief for
the people as it passed the House of Representa-
tiyes Monday. It is now before the Senate, and we
understand its fIte there is regarded doubtful
The following are the provisions of the bill
SECTION l. Be Il enacted 6y the General Assembly Of
fe STATE df Tennessee, That from and after the pas
SAGE of this act that all judgments and DEGREES
which shall be rendered IN any OF the Courts OF
Record in this State, 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-
= ,,ree or Judgment PROVIDED, That the defendant or
defendants in said Judgments or DEGREES shall APP
near before said Conrts of Record during the term
of such Court or within two days after the rendl-
ton of the Judgment before Justices OF the feace
and give good and ample security Tor the stay OF
execution 10 be approved of by said Courts or
Justices which stay shall operate as Judgment
against the security in said Courts OF before SAID
Justices.
STCrloy 2 BE Il further erGcted That the affidavit
of the Plaintiff in the Judgment, his agent or attor-
new made before the Court Justice of the Peace,
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 I'VE
davs notice being given shall justify the security
already given or give other security to be approved
f nv the Justices of the Peace by the Court If IN
session and if in vacation, the Clerk of said Court,
and upon his failure TO justify or give other securl-
ty execution shall issue Immediately. If the addl-
tional security shall be taken by Justice Of the
Peace il shall be sufficient to bind the security If he
write his name additional security or stayor upon
the Justices docket or shall authorize the same TO
he dome nv the Justice. either verbally writ
inr If said additional security shall be taken by
tbe Court the same shall be entered as matter OF
record on the minutes OF SAID Court. II saiu auui
t;a,al security shall be taken by the Clerk in vaca-
tion II shall be sufficient order TO bind the secur
Nv that he acknowledge himself additional security
or stayor. on the execution docket in said Clerk
office. r,..u ...
,rbere judgments or DEGREES have been rendered by
any of the Courts or Justices of the Peace IN thls
state upon which executions have not Deen lsSueu,
ar upon which executions have been issued anu hot
levied the defendant defendants IN sad Juugheu'
or execution NAV appear before the Justice OF the
Peace or Court if in session, or before The ceTA VI
said Court in vacation, and upon giving good anu
annie securty to said Justice Court or clerk as lhe
case NAV be. in the manner PROVIDED III ue secouu
o+;oD IF this act for giving additional security,
said execution shall be stayed for the period OF SIX
months from the time said security shall be gwen
when execution may issue against the parties 10 the
-;r;nal Indictment and the security Tor the stay ol
s - And that in all cases where any eXecu-
ION or order of sale may be levied on personal
nronerty that the debtor in the process shall nave
the pntion TO avail himself of the preceding Prov
sions of this act or it shall be lawful Tor nun 70
give bond in double the value Of the properly anu
good security TO the officer for the forthcoming OF
propertyfor sale the Court House OF the cou-
ty or such 9th er place the parties may agree upon
IN which the levy is made, the first Monday OF De
cenber 1861. And if in the interval the surety OF
sureties become insufficient the levying officer may
notify the defendant, and he shall give sufhelent
additional security for the delivery OF said property
said time and places. In order TO constitute the
levy real estate valid as to proceedings before
Justice of The Peace the execution shall be register
ed in the Registers Office of the county where the
land lies.
SEC. 4. Be further edRced, That in case addi-
uona security shall be given as provided IN the Sc,
cond section of this act the first security given shall
not thereby be released from liability. but eXecu-
uon shall issue against the original parties to the
Judgment and against the first well as the addl-
uonal securities
SECTION s. BE further enacted. That this act shall
my oe construed TO authorize the stay of exc
uohs upon Judgments before justices of the peace
' were not subject - -'aK4y9ses e passage of