Daily Nashville patriot. [volume] (Nashville, Tenn.) 1860-1862, 1861-02-01
AN ACT
AN ACT
Prescribing The remedy for.tI,e Col
lection of Debts and Relief of the
People.


SECTION l. Be Il enacted By The General As
senlbiy Of the State Of Tennessee That from and
| after the passage of this act, that all judg-
ments 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 stay
ed by such Courts and Justices for the period
of twelve months from the rendition o. such
decree or judgment: Pr0Ui4e3 That the de-
PENDANT or defendants in said Judgment or
decree shall appear before said Court of Re
cord during the term Of such Court, or with
in two days after the rendition of The iudg-
ment before Justices of the Peace, and give
good and ample security for the stay of exc
cution, to be approved OF by said Courts or
Justices, which stay shall operate as a judg-
ment against the security in said Courts or
before said Justices.
SEC. 2. Be Il further enacted That upon
affidavit of the plaintiff in the Judgment. his
agent or attorney. made before the Court or
Justice of the Peace, or before the Clerk of
said Court if in vacation, showing that the
security fer The stay OF execution is not good
aud sufficient, the defendant, upon Eve days
notice 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, and ii in vacation,
by the Clerk OF said Court; aud upon his
failure TO justify or give other security, exc
cutinn shall issue Immediately. Ii The adj
ditional security shall be taken by Justice
of the Peace, it shall be sufficient TO bind the
security if he write his name as additional
security or stayor upon the Justices docket,
or shall authorize the same 10 be done by
the Justice, either verbally or in writing.
If said additional secul;fv shall be taken by
the Court the same shall be entered as mat
ter of record on the minutes of said Court
If said additional security shall be taken by
the Clerk in vacation. it shall be sufficient
in order to bind the security that he ac-
knowledge himself additional security or
stayor, on the execution docket in said
Clerks office.
SEC. 3. Bet further elacted, 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 execu-
tioDs 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 Justice
OF the Peace, or Court, if in session, or be-
fore The Clerk of said Court in vacation. and
upon giving good aud ample security TO said
Justice, Court, or Clerk, as the case may be,
in the manner provided in the second section
of this act for giving additional security.
said execution sh IL 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 |
and the security for the stay of execution. |
And that in all cases where any execution or |
order of sale may he levied on personal pro- |
perty. that the debtor in the process shall |
have the option to avail himself of the prece- |
ding provisions of this act or it shall be |
lawful for him to give bond in double the |
value of the property, and good security to
the officer for the forthcoming of said pro |
perry for sale ct the Court House of the
county, or such other place as the parties
may agree upon, in which the levy is made,
On the first Monday of December 1861 And
fin the interval the surely or surelies become
insufficient, the levying officer may notify the
and he shall give sufficient adl-
ionai security for the delivery of said pro-
Derty at said time and place. In order 10
the levy on real estate valid as 10
before a Justice of the Peace. the
execution shall be registered in the Registers
,fGce of the county where the land lies
SEC f. Be Il further endeted, That in case
security shall be given as provided
n the second 3. ction OF this act, the Efst Sc
;urity given shall not hereby be released
rom liability, but execution shall issue
Igainst the original parties to the Judgment.
md against the first as well as the addItien.i
ecurltics.
SEC. 5. Be Il further eaocseg, That this act
hall not De construed so as to authorize The
tay of executions upon judgments before
Justices of the Peace that were not subject To
tay before the passage of this act. Nor shall
Executions on judgments rendered in court
Igainst officers and their securities for official
lefault, nor judgments in favor of security.
accommodation epdorser, stayor, or co-secn-
ity, who has been compelled TO pay money
or his principal or co-security be STAYED un-
Ter the provisions of this act
SEC. 6. BE 1t further enacted, That upon ap-
,lication of the stayor or security for the de-
livery oil property, "a provided for by this act.
" affidavit in writing. to be filed with the
,apers, that be is fearful, and believes and
las good reason to believe that if execution
8 further stayed be will be compelled TO pay
he judgment, an execution shall issue against
be debtor aud stayof at any time: or if the
ecurity Tor the delivery of the property shall
make such affidavit, the principal in said de-
livery bond, upon ten days notice, shall de-
iyer the properly mentioned in said bond, ut
be place designated therein, and the officer
halt proceed 10 expose the same to public
ale TO pay said debts: ProUidsd, The parties
0 the original judgment may give new, good
nd sufficient security, as now provided by
Nv.
SEC. Z. BE il further eaaced, That delivery
onds given under the provisions of this act,
hall have the same sct and be governed in
II respects by the laws now in force In re-
srence to delivery bonds, except so far as
be same may conflict with this act.
SEC. s. Bet further enacted That If any
arty, upon being notified to give additional
ecurity. and shall fail to do so, then the Off
sr shall proceed and sell the property levied
pom - though no dsiIxsxy bond keen
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