The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-10-25
Preseribing the Remedy for the Col
lection Of Debts ana the Relief OF
the People.

ne tolloWlng Bill has been presented
the House, ftom the Joint COMMITTEES on r,
lief:
sEcFroS I. Be Il enacted BE- .se Gens-,
: Assembly Of tic State Of Tennessee, Ths
! nom and after the passage Of this act. tbs
all judgments and DEGREES which shall d
rendered in any Of the Courts Of Record I
this State-tlr which shall be rendered b
any Justice OF the Peace Of this State-f',
money, shall be stayed by such Court
aad Justicet Of the Peace fog the period 9
Twelve months from the rendition Of suel
decree or Judgment; Pr0Uidcd, that the de
fendant or defendants in said Judgment q
decree shall appear before said Courts o
Record, during the term Of said Court, o.
within two days after the rendition Of ID,
judgment, before Justices Of he Psaea
ana give good and ample security for the
stay Of execution, 10 be approved by
said Courts Of Record, or Justices Of the
Peace, which stay shall operate as . iuds-
ment against the security IN said Courts, 5r
before said Justice Of the Peace.
sEc- II Be e fartAer enacted, That upon
the affidavit Of the plaintiff in the indg-
ment, his or her agent or attorney, made
before the C0urt, OF Justice Of the Peace, or
before the Clerk Of said Court. if in vacation
showing that the security for the stav of
executiOn is not good and sufficient, the de
I iendaat, upon hVe days notice being given.
shall Justify fhe security aiready gwen, or
/ give other security, 10 be approved Of bv
the Justice Of the Peace, OF by the Court, II
IN session, and If in vacation, bv the CLERK
Of said Court, and upon his failure 10 Justify
or give other security, execution shall issue
Immediately. II the additional security
shall be taken by Justice Of he Peace. L
shall be sufficient 10 biud the security if he
write his name as additional security or
slayer on the Justices docket, or shall an
thorize the same 10 be done By the Justice
Of the Peace, either verbally or in writing,
II said additional security shall be taken
BY BY the Court, the same shall be entered
as matter Of record on the minutes Of said
Court. IL said additional security shall be
taken by the Clerk in vacation, Il shall be
sufficient in order to bind The security that
he acknowledFe himself additional security
OF stayor on the execution docket in said
Clerks etice
Sac. III. Be Il further enacted, That in
case additional security be given, as pro
yided IN the second section Of this Act. the
hrst security given shall not hereby be ro-
leased frsm liability, but execution shan IS
sue against the eoriginal parties to the iudT !
ment, ana against the first as well As the |
additional securities
SEc. ". Be e further enacted, Thst this
Act shall not be 80 eopstrued as 10 author j
lze the stay Of executions upon judgments |
before Justices Of the Peace that were not /
subject % stay before the passage Of this !
Act; nor shall executions or judgments rem
dersd in Court against officers aud their 50.
eurities for official default, or any attorney /
who fails 70 pay over money collected By i
nm, nor judgments in favor OF security, /
accom- nOdatiOn endOrser, stayor or eO-secu-
risy, who has been compelled pay money
Tor his principal or co-security, be stayed /
under the provisions Of this Act
Sac. V. Be Il further enacted, That upon
application Of the stayOr, as provided for by
THIS act, BY affidavit N writing 10 be filed
with the papers, that he is fearful and be
lieVes, and has good reason 20 believe, that
If execution "a further stayed he viii be
compelled to pay the judgment, an execu-
lion shall issue against the debtor and
stayOr, at any time; Prouided, that the
parties 70 the original judgment may give
new, good and sufficient security, as now
provided BY law.
SIC. VI. Be 4 further enacted, That this
Act shall not apply TO actions or judgments
against executors, administrators, guaFdi
ans, or other persons acting in a fduciary
capacity for money due by them 10 dis
legatses or others, aad which has
been actually collected by them.
SEc. VII. Be it further enacted, That no
part or this Act shall be SO construed as 70
apply to any judgment rendered in any
esse in Court Of Record, or before
Justices Of tho Peace Of this State.
SIC. VIII. Be Il further enacted, That
when sny property, real or personal, is
levied upon by an officer, BY virtue Of any
execution, order or decree Of any Court il
This State, he shall Immediately summon
fall frN. /
srs not related % either party in the suit, and
citizens Of the county wherein the property
Z, who shall under oath, 10 be adminis-
cred 10 them BY the said officer, proceed to
make a cash vaiuaiion Of said property so
evied upon 10 be sold. Said valuation so
made by the freeholders shall be in
writing, signed BY them, and returned with
he execution, and the officer shall refer 10
nd explain the proceedings in his Fetgtn
N the execution.
SIC. TX. Be Il hlrtksr enacted, That no
property 50 levied on and valued, as provi-
led for in the preceding section OF this Act,
hall, afser public notice Of sale, a. now
squirsd BY law, be sold for less than three
Durths Of the value placed on said property
y the three ireeholders.
SEc. Y Be e further enacted, That anv
ficer who shall sell any property levied
pon, contrary TO tho provisions Of this Act,
hal forfeit aud pay 10 the party aggrieved
be amount Of the debt 10 be collected, To-
ether with a forfeiture OF his costs, aud
ball also be guilty OF q misdemeanor IN
flee.
Sac. XI. Be It further enacted, That the
ihcer shall receive one dollar for summon
x and qualifying the three freeholdsFs 20
alue the property 10 be taxed in the bin Of =
'sis, and paid BY the owner Of the prop =
rty so valued.
Sac. XII. Be Il further enacted, That an =
.al estate that may be hereafter sold under U
a execution, order or decree Of any court, ?
pay debts, or under any mortgage, OF
I'd Of trust, shall be redeemed any time q
thin three years from the day Of sale, y
lless otherwise expressly agreed on BY The l,
lrtes, IN cases Of mortgages OF deeds Of =
ust- The party redeeming shall pay the y
mount last bid and interest thereon al the =,
te Of six per centum per annum. This Act u
all not prevent any other judgment cred y
'r from raising the bid, as now provided
2 BY law.
Sec. XIII. Be Il frtker enacted, That "
e levy Of execution or attachment on all :
operty valued under the provisions Of this u
Il, shall be and constitute e lien on the
Operty until il is sold, or the debt and / y
sts discharged, as the case may be- Pro N
dsd dlirays, That in order TO constitute the a
w on rsal estate Talid as 10 proceedings ! =
ore Justice Of the Peace, the execution | u
all be registered in the Registers Office Of y
e county where the land hes
SIC. XIV. Be firtisr enacted, That the b.
Fner Of the property levied on can Sc any q
ne before or after the valuation by TIE =
e three freeholders, consent b q sale u "
ID property without any valuation and e
en- in that case the ofieer shall proceed 10 -
\ as now required BY Law, and shall not ! p
liable 70 the forfeiture aud penalty m- 10
sed by the tenth section Of this Act. p
-oridsd, That II the property, on the day az
sale. does not bring three -i0urths of he ri
luatiOn as liked by the freeholders, the e
icer may At sny time thereafter sell said q
operty for said three -fourths Of is vnlua- ?,
SIC. XIV. Be It .fsrtter saaefea. That in
eases wherein personal property does ih
{ cell for three-f0urths Of the valuation. 81
g owner Of the property shall give de- 10
cry bond, with good snd sufficient seen
y in double the amount Of property, for %
e forthcoming Of the property on anv "a
.ure day Of sale fixed By the ofiaer. And Do
on application Of the slayer OF security er
the delivery Of property as provided for Fo
this Act. BY aflidavit IN writing, to be lai
"a with the papers, that be is fearfal and
8 good reason 70 behave, that II execu- o.
n OF sale Is further delayed be viii bs mi
npelied 70 pay the Judgment, execution fe
~ issue against the debtor er owner of the AZ
-sonal proPeriy asany iins, and chen the cii
cer shah proceed % sell the property an
'ording 70 its valuation. ProUlaed, The ne
ner Of the properly msy give new, god pli
sufficient security for its safe delivery. cal
nc XVI. Be if further enacted, That the De
{ vaiustion b the froshoiders shah be
icient. and any officer making second de-
adalitional levy Of exeeutios, shall not q bel
4 case summon freehoidors % make a ma
ond valuafi0n e Tie property. eai
Ec. XVII. D i furtlsr cHaciei, This eoi
shall not spply % any property lsyied az,
bV distress 0r Wurrant ler the payment | an
axes, and that this Act shall expire BY cur
own limitati0n on the frst day Of Janu-
!, 1865.
City Taxes.
NasuvIlrE. Ocfoser q. Isis.
B. sBtNELAND, Coilse o. q CTR 'Tazss