The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-11-29


approved by the Governor Of Texas
viii be Of great interest to men Of
business and others interested in Tex
as affairs. 1t was prepared by Judge
w. T. Austin, OF Texas:
On all judgments rendered prior "a
January 1st, 1867, the debtor ha'
twelve months to pay one.fourth Of
the amount and all costs and no ex
ecution can issue until twelve months
from lst Of January, 1867, unless the
plaintiff can swear that the debtor has
transferred, or is about to transfer, his
property, for the purpose Of defraud
ing his creditors, or is about to re-
move his property from the State OF
county in which the suit is instituted
this being the usual oath required for
attachment, and under this oath the
debtors crop can be seized on its
way to market. If this oath is made,
the execution can issue for the whole
debt.
If the debtor pays one-fourth by
the-eXpiration OF twelve months from
LIST Of January, 1861, then he has the
year 1865 to pay one-t third Of balance.
If he pays second installnent, he has
1869 to the third instaIlment, and the
whole Of 1870 for the fourth install
ment Ii the debtor does not pay the
installment for the year, execution can
issue on its expiration,for the install
ment due, and all costs on Judgments
rendered after the LIST January, 1867,
on debts contracted prior TO May,
1865. Debtor has twelve months from
date Of judgment to pay one third,
and no execution can issue until the
twelve months are up, except plaintiff
will make oath as in cases of attach
melt, or by agreement OF parties, or
when property is in the hands of an
officer under attachment or sequestra-
ton, in which case eqecution or order
Of sale may issue.
If debtor pays the one-third in
twelve months after Judgment, he has
another year to pay one-half Of the
balance, if he pays second install
ment, he has one year for the balance
II debtor fails to pay any install
ment, plaintiff has right to eXecu-
ton for the installment due and all
costs
Execution may issue for the costs
due the officers of courts, on all judg
ments hereafter rendered, Immediately
after judgment
Probate sales may be made in en-
forcing liens in the settlement of es-
tates, provided the property brings
three fourths of its actual value
On all judgments heretofore or here
after rendered, foreclosing mortgages
or liens, the debtor has two years,
from the LIST Of January, 1861, on
judgments before that date, and two
years from date of Judgment rendered
after that date, to pay two-thirds Of
judgment If he makes the payment
no execution can issue until the eXpi.
ration Of another year. If the debtor
fails to pay two thirds within the two
years, then the execution can issue
for the whole.
The stay on this, where one man
wrongfully holds another's property,
is two years certain, without even
payment Of interest
In suits on contracts for the payment
of money made before the 26th of May,
1868, or on contracts made renewing
such contracts, proof may be made
that the original cause Of action ac-
crued prior to that date, when the stay
applies to the new contract as well,
and may also prove that it was to be
paid in Confederate money, and the
value Of that money at the maturity of
the original contract, which is the
amount to be recovered subject to the
stay law
Attachments may be issued as here
tofore, and all debts and contracts for
the payment of money since May 26,
1868, mot in liquidation of old debts, J
shall be collected as before the war,
and execution may issue forthwith, on
the rising of the court.
No sales can be made under deeds
of trust, except with the consent of
parties interested, within two years
from LIST January, 1861 If the debtor
pays two thirds of the debt in that time
he has still twelve months to pay the
balance, If he fails to pay the two
thirds in two years, or by the 1st July,
1869, trustee may sell after that date.
This applies to deeds of trust made
prior to the Goth May, 1865, and to
those made since, renewing old ones.
In the meantime the statute oflimita-
ton may bar the debts if the notes are
not sued on, and the debtor refuses to
renew.
REMARKs.-Persons holding deeds
of trust, for considerations accruing
prior to Goth May, 1865, must put the
notes in suit to prevent their debts
from outlawing. and to fix time when
they will be entitled to collect; because
If they have TO sue at the end of two
years and get judgment for two years
more.
Railroad companies can pay the in
terest they owe the State, in eight in
stallments, in specie First installment
falls due LIST January, 1867, and one
every six months thereafter. If they |
fail 10 pay any installment, execution
may issue for the whole.
Th1 80,