The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-03-10

by Mr.. Love of Lamar, was defeated by @
vote of 30 to 40 and the amendment adopt
ed. The amendment declares that prefer
cnces may be made to take care of land
lords liens for three months rent, for
employees wages for three months. fol-
debts owed estates. heirs and wards by
executors and guardians, for taxes and tt
protect vendors, mechanics or improve
mont liens,
Mr.. Tracy, pursuant to notice given b,
himself yesterday evening. offered the fol.
lowing as an amendment TO everything be-
low the enacting clause in the Evans bill
Article !. That any debtor here
after executing any chattol mortgage
or trust deed. who shall in said trust
deed or chattel mortgage, make or
name any preferred creditor said
chattel mortgage or trust deed shall
be void, unless said falling debtor or
assignor shall attach to said trust
deed his affidavit in writing stating
the claims and the names of the par
ties and amounts OF said claim and
the date of same and the circum-
stances under which debt or debts
We're preferred and the same shall not
he admitted 10 record and shall not
pc evidence of any indebtedness
which affidavit shall be sworn to by
some officer authorized to administer
oalhs under the laws OF the state of
Texas.
Article ., That no preferred cred
itor named In any chattel MORTGAGE or
trust deed hereafter made in the state
of Texas, shall receive from tho
trustee or other parties executing the
terms cf said trust deed or chattol
mortgage unless said preferred cred
itor shall file with said trustee his
AFFIDAVIT IN writing, stating that the
ciaim Is Just and bona fide giving the
date of the origin Of said claim and
the circumstances under which said
claim originated, Any preferred cred
ltor falling to file such affidavit shall
forfeit any right he may have to his
claim against said estate and such for
teiture shall inuro to the benefit of all
the creditors Of said estate.
Article g. Any creditor OF said as
sisnor who desires shall have the
right at any time within thirty days
from the date Of the execution of said
trust deed or mortgage to file his an
pllcation In writing with any court
within the State of Texas having co.a-
petcnt Jurisdiction Of the nmount in
controversy in which he shail state
that he verify believes that some Of the
preferred creditors named in said trust
uo,d or mortgage giving the names
"nu amounts are fraudulent; and up
Inns VI SHSH complaint, II shall
pe the duty of the court either in
term time or vacation. to at once issna
citation to the assigror, the trustee or
other party in charge of said estate
ana to the preferred creditor. COM
handing them at once to come hafore
the court and bring all the notes ar
counts books and other papers. which
notes, accounts, books and other papers
may be examined in open court: and
upon the failure of the assignor. trus-
Tee or other officer in charge OF said
estate or preferred creditor to appoar
neIoTe the court and make an eyhihit
OF their notes, accounts books or other
papers. II shall be prima facie evidence
oi fraud on their part; either Marty
may have processes for Witnesses no.
turnahle TO the court at the day fiyc1
by the court for the hearing Of the
case and the court will proceed IN trv
sald cause as other cases.
Nrtlcle L. That the trustee or otbo-
person taking charge Of the estate
shall' within five days from the dato
OF me execution OF said trust deed or
,hH''oi uortsage have taken comnlein
inventory Of all the property conveyed
W sNd trust decd or chattel MORTGAGE
suv"'ns ine cash value OF said estate
ann execute at the time he deliver,
SUI inventory his bond e>ual in
" a',Ss," 10 saiu STOCK. with two or moro
suti,e'ent securities. TO he approved
by the county Judge Of said county ''0'
Mr. Humphrey offered the fr,io,,,,,
amendments Add TO article 4 60. ~
word eases" the following ""
provided that In all such nra,o
ehces the burden Of proof shall he