Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1861-02-07
THE STOP JAM.

The following Is \ copy OF the
bill prescribing the remedy for the
collection Of debts and relief for the
people, as it finally passed the Sen
ate. AS it had previously passed
the House Of Representatives., it
is now law:
SECTION /. Be it enacted 5y the
General .aisen.dly of the Slate of
Tennessee, That from aud after the
passage of this act, 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 oil Peace, for
the period Of twelve months from
the rendition Of such decree or
judgment: PROVIDED, That the de-
,enaaut or defendants in said judg-
ments or DEGREES shall appear be-
fore Said Courts of Record during
tie term o. such Court. or within
two days after the r.ndition of the
judgment before Justices Of Peace,
and give good aud ample security
for the stay of execution, to be
approved Of by said Courts or
Justices; which stay shall operate
as IA Judgment against the security
in said Courts or before said Justices.
SECTION 2. Be further enacted, That
upon affidavit of the Plaintiff in the
Judgment, bis agent or attorney,
made before the Court OF Justice
of the Peace. or before the Clerk of
said Court if in vacation. showing
that the security for stay CT exc
cution is not good and sufficient;
the defendant, upon five DAYS no.
iice being given shall justify the
security already given or give other
security to be approved Of by the
Justice Of the Peace, or by the Court
if in session, aud if in vacation,
by the Clerk of said Court, and
upon bis failure to justify or give
other security. execution shall issue
immediately. If the additional Sc
curity shall be taken by Justice
of the Peace, it shall be sufficient
10 bind the security if he write
bis name as an additional stayor
upon the Justices docket OF shall
authorize the same to be done BY
the Justice, either verbally or in
writing. If sad 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 additional securit,
shall be taken by the clerk in vaca.
lion it shall be sufficient in order to
bind thesecurity that be acknowledge
himself additional security or stayor,
on the execution docket in said
G. ERIK 5 office.
SECTION 3. BE IL farther enacted, |
That 10 all Cases where Judgments
or DEGREES have been rende red b, |
any Of the Courts or Justices oil
the Peace in this State, upon which
executions have been issued, or
upon witch executions have been
issued aud not levied. the defendant
OF defendants in said judgment or
execution may appear before the
Justice OF the Peace, or Court, if in
session, or before the clerk of said
Court III vacation, and upon giving
good and ample security TO said
Justice, Court or clerk, rs the case
may be, in the manner provided in
he second section OF this act for
giving additional security, and said
shall tie stayed for the
'erIod Of six months from the time
laid security shall be given, when
M y issue against the
PARTIES TO the original judgment and
he security for the stay of exc
utiOn. And that IN all cases where
my execution or order of sale may {
~ levied on personal property, ,,
bat the debtor in the process shall
ave the option to avail himself Of
he preceding provision of this act, I
r it shall be lawful for him TO
i've bond in double value oil the |
ropefty, and good security to the
[ficer for the forthcoming of said i,
roperty for sale at the Court House :.
The county, or such other place 4
the parties may agree upon IN :
hich the levy is made, on the +,
rst Monday in December, 1861 -
nd If The surety or sur4ties be- i,
me insufficient, the Ievyipg officer i
ay notify the defendant and no :"