The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1873-10-09
An Act cOneernIng landlord ana ron


third time and passed.
Senate. February 2s, 1s7s-Receivea from
the House March 4, 1S73-Read fri
time and referred to judiciary Commits
tee No. :. April 4, 1S73-1OO comics -.
dered printed.
SECTION l. Be 4 enacted 6y the Le0i.l,,,,r.
ef the State Of TSras, That all persons leas-
ing or renting lands or tenements. at win
or for term, shall have a preference lien
upon all the property of the tenant, upon
such premises, for any rent that may be-
come due, and for all money. and the
value Of all animals, tools, provisions and
supplies furnished by the landlord to the
tenant, to enable the tenant to make crop
on such premises, and to gather, secure
house, and put the same in condition for
market-the money, animals tools, provi-
sions and supplies so furnished being neces-
sary for that purpose-whether the same is
to be paid in money, agricultural products
or other property, and this hen shall apply
as well to animals and tools, furnished by
the landlord to the tenant, as to other
property; and It shall not be lawful for the
tenant, while the rent and such advances
remain unpaid, to remove, OF permit to be
rmoved, from the premises so leased or
UIOQuClt
produced thereon, or any of the animals or
tools furnished as aforesaid, without the
consent of the landlord, and such preference
lien shall continue as to such agricultural
products, and as to the animals and tools
furnished to the tenant as aforesaid, so long
as they remain upon such rented or leased
premises, and for one month thereafter;
but as to the other property of the tenant =
chan II - x
piration of the term of letting, or while
such property remains on such premises
should it remain thereon after the expira-
ton of the term, and such lien, as to agri-
cultural products, and as to animals and
tools furnished as aforesaid, shall be supe-
rioF to, and such articles excepted out of
any exemptions provided by law as to
forced sales; proDided, that such lien shall
not attach to the goods, wares and merchan-
disc of merchant, trader or mechanic, sold
and delivered in good faith, in the regular
course of business; and proVided further,
that the removal of agricultural products,
for the purpose of being prepared for
Market shall not be considered a waiver Of
such lien, but such lien shall continue and
attach to the products so removed, the
same as if they had remained on such
rented or leased premises.
SEC. 2. When any rent or advances
shlll become due, or the tenant about to
remove from such leased or rented prem
ises, or remove his property from such
premises, it shall be lawful for the person
to whom the rent or advances are payable,
his agent, attorney, assigns, heirs OF legal
representatives, to apply to any justice of
the peace in the county where the premises
are situated, for a warrant to seize the
property of such tenant; proDided, such
plaintiff, his agent or attorney shall make
oath, that the amount sued for is for rent
or for advances, such as are mentioned in
the first section of thisac OF shall produce
a writing from such tenant to that effect,
and shall further swear, that such warrant
is not sued out for the purpose of vexing
and harrassing the defendant; and the
person applying for such warrant shall
execute bond, with one or more good and
sufficient sureties, to be approved by the
justice of the peace, payable to the defend
ant, conditioned that the plaintiff will pay
the defendant such damages as he may sus-
tain, IN case such warrant has been ille-
gally and unjustly sued out, which bond
shall be filed among the papers Of the cause;
and in case the suit shall be finally decided
in favor of the defendant, he may bring
suit against the plaintiff and his sureties on
such bond, and shall recover such damages
as may be awarded to him by the proper
tribunal. Upon the fling of such oath and
bond, it shall be the duty Of such justice of
the peace to issue his warrant to the proper
officer, commanding him to seize the prop
erty of the defendant, or so much thereof
as will satisfy the demand; which warrant
shall be, if the sum is not more than one
hundred dollars, returnable to said Justice,
but if more than one hundred dollars, the
warrant shall be returnable to the district
court Of the county in which the leased or
rented premises are situated, in which case
it shall be the duty of the justice Of the
peace to transmit all Of the papers Of said
cause to said district court on or before the
first day OF the next term thereof.
SEC. g. 1t shall be the duty of the officer
to whom such warrant is directed, to seize
the property Of such tenant, or SO much
thereof as shall be Of value sufficient to sat
isfy such debt and costs, and the same in
his possession safely keep, unless the same
is replevied as herein provided, and make
due return thereof to the court to which said
warrant is returnable, at the next term
thereof The defendant shall have the
right. at any time within ten days from the
date Of said levy, to replevy the property
SO seized, by giving bond, payable to the
plaintiff, with two or more good and suifi-
cient sureties, in double the amount of the
debt OF, at his election, FOR double the
value Of the property So seized-the value
of the property to be assessed and endorsed
on the warrant by the officer executing the
same. conditioned that if the defendant be
cast in the action, he, or some other person
for him, shall return to the proper officer
the specific property 50 LEVIED upon, to sat
isfy the judgment that may be rendered
against him, or pay of and discharge the
judgment, which bond shall be approved
by the officer making said levy, and filed
with the papers Of said cause; aud should
judgment be rendered against the defend
ant, and he fail TO deliver the prop
erty so levied upon and replevied, or SO
much thereof as may be necessary to sat
isfy the judgment Of the court, "a
the proper officer, within ten days after
the date of such judgment, such bond
shall be endorsed forfeited, . bv the proper
officer; and, when such endorsement Is
made, It shall be the duty Of the clerk Of
i justice Of the peace, with whom the SAND
| Is fled, forthwith to issue execution IN "a.
vor Of the plaintiff against all Of the obi.
gors in said bond for the amount Of said
/ Judgment, interest and costs; DroCided. IA
no case shall the sureties be liable s0r
greater amount than the amount Of The
bond and ProUisfed further, that If ths
property Is Of perishable or wasting kind
and the defendant fails 70 replevy as hcreir
lproyided, the officer making the levy, oI
the plaintiff, or the defendant, may apply z
the justice Of the peace issuing the warrant
for an order TO seil such property; and i
any person, other than the defendant, applI
for such order Of sale, the justice shall no
grant such order, unless the person applyin,
shall fle with such justice an obligation
payable TO the defendant, with one OF nor
good and sufficient sureties, to be approve,
By said justice, that they viii be responsible
to the defendant for such damages as b
may sustain, IN case such sale be illegall
and uDjustly applied for, or be illegally sn'
unjustly made. which sale shall be con
Quoted as sales under execution.
SEC. 4. It shall Be the duty Of the iustic
Of the peace, at the time be Issues the wal
rant. TO issue citation to the defendant, -
curing him 70 answer before such justice
Il he has jurisdiction to finally tfy tb