The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1874-04-16

10 the NlIy OF hUul Junllut w tlc pphrc |
to issue his warrant To the proper OIL
Ger, commanding him 10 seize the prop
erty Of the defendant, or 10 much |
thereof M Will satisfy the demand;
which warrant shall be, II the sum h
not more than ono hundred dollars
returnable to said Justice, but " more
than one hundred dollars, the warrant
shall be returnable 10 the district court
OF the county In which the leased or
rented premises are situated, In which
cnsc 1t sht u be the duty OF the Justice
OF the peace 10 transmit all the papers
In said cause 10 said district court on
or before the first dry OF the next term
thereof
Section Q, II shall DO the duty Of the
officer 10 whom such warrant is d.
rccted 10 seize the property OF such
tenant, or 10 much thereof M shall he
ofvnlue sufficient to satisfy such debt
and costs, and the same In his posses
sion safely keep unless the same Is 70.
plevied ~ herein provided, aud make
due return thereof 10 the court to which
said warrant Is returnable, ut the next
term thereof. Tho defendant shall
have the right, at any time within ten
days from the date Of said levy, to re.
plevy the property 50 seized, by giving
bond, payable to the plaintiff, with two
or more good aud sufficient suretles, In
double the amount Of the debt, or, at
his election, for double the value OF the
property 80 seized; the value Of the
property 10 be assessed and endorsed
ON the warrant by the officer execut-
ing the same, conditioned that If the
defendant be cast IN the action, he OF
some other person for him shall re-
turn to the proper officer the specific
property 80 levied upon to satisfy
the judgment that may be rendered
against him, or pay Off and discharge
the judgment, which bond shall be
approved by the officer making said
levy, and filed with the papers of said
cause aud sAoud Judgment be render
cd against the defendant, and he fail to
deliver the property so evodupon and
rcplevied, or no much thereof as may
re necessary to satisfy the Judgment OF
the court, to the proper officer within
ten days after the date OF such judy
ment, such bond shall he endorsed
Corrected" by the proper officer; and,
when such endorsement IL made, 1t
shall be The duty Of the clerk or justice
Of the peace, with whom the same Is
filed, forthwith to issue execution in
favor of the plaintiff, against all of the
obligors in said bond for the amount of
said Judgment, interest and costs;
provided, in no case shall the sureties
be liable for II greater amount than
the amount of the bond and provld-
cd further, that If the property is of
pcrishable or wasting Kind, and the
defendant fails to replcvy rs herein
provided, the officer making the levy,
of the plaintiff or defendant, may APP
ply to The Justice of the peace issuing
the warrant, for an order to sell such
property; and if any person other than
tho defendant apply for such order of
sale, the justice shall not grant such
order, unless the person applying shall
file with such obligation, payable to
the defendant, with one or more good
and sufficient sureties, to be approved
by said justice, that they will be re-
sponsiblc to the defendant for such
damages rs he may sustain, in case
such sale be illegally and unjustly APP
piled for, OF be illegally and uniustly
made, which sale shall be conducted as
sales under execution.
Section 4. 1t shall be the duty of the
justice of the peace, at the time he
ISSUES the warrant, to issue citation
to the defendant, requiring him to an
swer before such justice, If he has juris-
diction to finally try the cause, and
upon its being returned served, or in
case the defendant has removed from
the county without service, to proceed
to judgement rs in ordinary cases; and
if it has not such jurisdiction, the cita-.
ton shall require the defendant to an
swer before the district court, and shall
be returned, with the other papers, to
such court provided, that if the defen-
the proper officer shall state this fact
in his return on the citation; and pro-
vided further, that in case the return is
made to the district court, the paintitf
shall not be obliged to file his petition
before suing out said warrant, but may
file the same on or before the appear
ance day of the term of the court to
which said papers are returnable; and
further provided, that no other for
malities shall be required than those
mentioned in this act.
Section 8. Nothing in this act con-
tanned shall he SO construed as to pre-
vent landlords and tenants from enter
ing into such stipulations or contracts
in regard to rents and advances as they
may think proper, but in order to Sc
cure the lien provided for in this act,
the contract shall be in writing; and
should the landlord, without any de-
fault on the part ofthe tenant or lessee,
fail to comply in any respect with his
part of the contract, heshall be resPons-
IDLE to said tenant or lessee for what
ever damage may be sustained thereby;
and to secure such damages to such ten
ant or lessee, he shall have lien on all
the property in his possession not ex-
empt from forced sale, as well as upon
all rents due to said landlord under said
contract.
See. O. That an act entitled IAN act
concerning rents" approved January
10, A. ID. 1913; and an act entitled ian
act supplementary to an act concerning
rents" approved February 8, A. ID.
1874; and an act entitled "an act to
give u lien on the crop and stock or
advances to assist in making the crop,n
approved October %, A. d. 1866; and
the fifteenth section of an act entitled
IAN act to organize the courts of justi-
ces of the peace into county courts,
and to define their jurisdiction and
duties approved August ID, A. D.ls70,
be and the same are hereby repealed,