Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1862-07-12
WgRE,s YOUR MULEs!!

The Legislature mas peeh over u nhohth IN !
session, and discussing greater portion of
the time the following bill, suspending the
collection of debts aud liabilities for two
years, which has passed with some slight
notifications and amendments. The 9th
section has been expunged, leaving the bill
without that much of Recommendation to the
up-country people. Had it remained in the
body of the bill, II might have acted as a
douceur and corrective TO the nauseating
mixture. We arc glad, however, to know
that the cotton planters have received this
relief, for We believe that we reflect the sem
timents Of the wheat section, when we say
that such measure was not desired by us.
We are opposed to all such pragmatic me-
diation between debtors and creditors, refer
ring to past contracts and operating as or
post tacto legislation. The latter portion of
this bill, we endorse to the fullest extent, and
that is as far as ever legislators should 60,
namely, to protect the rights of soldiers now
absent in the defense of theircountry. But
legislation between those men who stay at
home and attend to their ordinary business,
and perhaps engage in spccuations, we be-
lieve isuncalled for under the circumstances.
A BILL,
To be entitled An 1ct sWspending all ldrs
for the collection Of debts and liabilities on
bonds, prOmisSory notes, bills Of exchange
and contracts for the payment ofmOney, du-
ring The eriStencr Of the present wdr jct,Oeen
the Confederate States Of america and the
United States Of Americu."
SEC l. BE enacted BY he Legislature Of he Stie of
Teros That until six months after the close of the
present war, or until otherwise provided by law,
laws for the collection of debts and liabilities on bonds
prcmissory notes, bills of exchange and contracts for
the payment of money, except in cases Of official liza
biles the part Of public officers, and for thu col
lection of The interest the money loaned ut interest
by guardians belonging TO their wards, hereby
suspended Frorded, That this act shall not bc con-
siered to forbid the issuance of wrs of attachment,
scquestrdtion injunction, the institution ofnc
ccssary preliminary proceedings for that purpose in
accordance with existing laws; and procided FURTHER,
That this act shall not apply to any claim demand
| against alien enemies.
TIC. 2. That this act shall not apply to parties who
have now pending In The courts, who agree in
| open court TO proceed to trial.
SIC. 3. That until the EXPIRATION of the time named
in the fret section of This Act until otherwise pro-
vded by law, no execution or rendtoni erpOHds found
ed npon any Judgment decision obtained previous to
the passage of this act shall be issued for the sales of
property, nor shall there BE- any sales under
lions or writs of condition. erpOnas issued levied
unless the judgment creditor his agent attorney
shall make an affidavit, in writing before the Justice
of the Peace, the,Clerk of the Court to whom he
shall apply for said execution or cemHoni erpoHaS
that the defendant IL about TO remove his property be-
yond this Sta'e, the county where the judgment or
decision rendered. or that he is about to transfer
seCrete has transferred secretrd his property
for the purpose of dctnuding his creditors and that
thereby the plaintiff will probably lose his debt Aud
he shall also that the writ is not sued on, tor
the purpose of injurng the defendant prOUidcd, That
any debtor or deiendont who may have property in
the hands of the Sheriff or other officer under levy of
execution rendiioHi erponds, shall within sixty days
after The passage Of this act repGyy the same By Civ
ing bond in double the value of the amount Of the
debt iii be less with good AMI sufficient security
payable to the plaintiff in the writ far the fOrhrom
ing of!hepropery when the remedies for the coec-
ito II of debt, hereby suspended, shall be revived.
SEC 4. That this act shall not be construed to dis
charge the lion whch-has already been acquicsced by
due process of law nor shall tho time during which
this law is in force be computed III any case where
! the statute of limitations comes in question.
SIC. 8. That during the time named in this act, or
until otherwise provided by law, 1t shall not be ncccs
sary issue execution or wrs of rsHdHoHi er0Hns to
prevent judgments from becoming dormant, nor shall
it he necessary for the holder ofany bill of exchange
prOmisory note to bring suit against the acceptOr
ofsuch bill of exchange against the maker Of such
prumisOry note, in order so and fix the liab-
~ of any drawer cndorser of such bill Of exchange
or any cndorser Of such promissOry note.
SIC, d. That TINS act Slull not apply 10
made and entered into after its PASSAGE provided such
liabilities contracts not founded ON an indcbt
cdness existing prior TO the passage of this act.
SEQ, I. That during the time named in the first
section of this act, until otherwise provided by
law there shall be sales property under deeds OF
trust or mortgages, hypothecations in writing !;
but the bcnctciares under the same shall be entitled
to the benefits of the writ of scquctratiOn in accord
ancc with the existing laws; preceded, That in all
where the property conveyed by deeds of trust
mortgages, with power OF sale in the mortgage may
he Of pcrishhhc nature and liable to depreciation IN
value by lapse of time, the beneficiary in such deeds
of trust mortgages, shall, after the maturity of the
same be entitled TO the benefits of the writ of srqucs-
tratiun upon making affidavit IN writing before the
officer to whom he shall apply for said writ as fellows,
First, That he holds an unsatiscd deed of trust,
mortgage, upon the property sought 10 be srqustra-
ted and which shall DO described in the affidavit, and
unpaid and the amount thereof.
second, That said property is of perishable ma
tute, and is dcprecatng in vluc or that 1t Is being
wasted by the person in the possession OF the salir
and that by Of such depreciation or waste the
security provided by such decd OF trust or mortgage
will become insufficient before the lapse Of time rON-
dcd for in this act for the payment ot the amount un'
ON said deed of trust or murtgage-lnd tlereupOn'
said writ Of sequcstJaOn shall be issued, ana the
property scquestratcd may be relieved by the debtor
grantur in said deed of trust or mortgage, or IN
default thereof by the beneficiary therein as now pro-
vidcd by law under the act regulating representations
SEc. g. That during tho time named in this act, or
until otherwise provided by Law, no property OF any
soldier, seaman, marine, now or hereafter engaged
in the military or naval service oil Inc Coniedelae
States of America the State of Texas, SHALL during
such service, be levied under execution, or sold by
virtue nfany levy heretofore made. Nor shall the
property Of any such soldier, marine, lie subject Ia
attachment or wrs ofretia eyponas, or sequestr;l-
| ton, during his continuance in said service.
SEC D. That this act shall take elect and Dc III
force from and after its passage.
Resolutions OF Thanks.
VrRGISlA P0iNT, Texas Nov. %. '9l.
AT mretiuu of the members of the John.