Year: 1861




and the Relief Of the People


sKo. /. Be Il enacted 6v the General Assembly
Of The State Of Tennessee, That from and after the
passage of this Act all judgments and DEGREES
which shall be rendered in any Of the Courts OF
Record in the State or which shall be rendered by
Justices for the Peace Of this State for money, shall
be stayed by such Courts and Justices for the period
Of twelve months from the rendition OF such decree
or judgment; PRovIDED, That the defendant or de-
andants in said judgments or decrees shall appear
before said Courts Of Record during the term OF
such Court or within two days after the rendition
of the Judgment before Justices Of the Peace, and
give good and ample security for the stay of execu
ton, to be approved of by said Courts or Justices
which stay shall operate Judgment against the
security in said Courts or before said Justices


SEC. g. Belt further enacted, That upon affidavit
Of the plaintiff in the Judgment his agent or attor-
ney, made before the court or justice OF the peace
before the clerk of said court if in vacation show
ling that the security for the stay Of executions is
not good and sufficient; the defendant upon FIVE
days notice being given, shall justify the security
already given or give other security to be approved
Of by the Justice Of the peace or by the court II in
session. and if in vacation by the clerk OF said court
and upon his failure to justify or give other security
execution shall.ssue immediately. If the addition
nj security shall be taken by justice of the peace
il shall be sufficient to bind the security if he write
his name as additional security or stayor upon the
Justices docket shall authorize the same to be
done by the justice, either verbally or in writing
If said additional security shall be taken by the
court the shall be entered as matter of record
on the minutes of said court. If said additional
security shv be taken by the clerk in vacation, it
shall be sufficient in order to bind the security that
he acknowledge himself additional security or
stsyor on the execution docket in said clerks Of
fce


| SEC 3. BE il further enacted That in all cases
where judgments or DEGREES have been rendered by
auy of the Courts or Justices of the Peace in this
State upon which executions have not been issued,
and not levied the defendant defendants in said
Judgment or execution may appear before the JUS
tice of the Peace Court if in session, before
the Clerk of said Court if in session. before the
! Clerk of said Court in vacation, and upon giving
good and ample security TO said Justice Court or
Clerk, as the case may be, in the manner provided
in the second section Of this act for giving addition
oil security, said execution shall be stayed for the
period of six months from the time said security
shall be given, when execution may issue against
the parties to the original Judgment and the securi
ty for the stay of execution. And that in all cases
where any execution or order of sale may be levi
ed personal property that the debtor in the pro-
cess shall have the option to avail himself Of the
preceding provisions OF this act il shall be law
ful for him to give bond in double the value oil the
property, and good security to the officer for the
forthcoming Of said property for sale, at the Court
House of the county, such other place as the par
ties may agree upon in which the levy is made on
the first Monday of December, 1861. And if in the
interval the surety sureties become insufficient
the levyng officer may notify the defendant and he
shall give sufficient additional security for the dev-
cry Of said property at said time and places. In
order to constitute the levy the real estate valid
as to proceedings before the Justice of the Peace
the execution shall be registered in the Registers
Office Of the county where the land lies


SEC. 4. Best further enacted, That in case addi-
tonal security shall be given provided in the
ond section of this Act the first security given shall
not thereby be released from liability but execution
shall issue against the original parties to the iudg
ment and against the first well as the additional
securities.


SIC. 5. Bet further enacted, That this act shall
not be construed to authorize the stay of exc
cutions upon judgments before justices Of the peace
that not subject to stay before the passage Of
this act Nor shall execution on judgments render
ed in against officers and their securities for
official default nor judgments in favor Of security
accommodation endorser, stayor, or co-securty who
has been compelled to pay money for his principal
or co-security he stayed under the provisions Of this
act.


SEC C. BE further enacted, That upon appli-
cation of the stayor or security for the delivery of
property, provided for by this act by acavit in
writing, to be filed with the papers, that he is fear
full and believes, and has good reason to believe
that if execution is further stayed he will be COM
PEELED to pay Il Judgment execution shall issue
against the debtor and stayor at any time if the
security Cor the delivery of tho property shall make
such affidavit the principal in said delivery bond,
upon ten days notice, shall deliver the property
mentioned in said bond at the place designated
therein and the officer shall proceed to expose the
same to public sale to pay said debt; ProDided the
parties TO the original judgment may give new,
good and sufficient security as now proved by law,
SIC. l. Be it further enacted That delivery
bonds given under the provisions of this act shall
have the effect and be governed in all respects
by the laws now in force in reference to delivery
bonds, except so far as the same may conflict with
this act.


SEC. 9. Be hJurther enacted, That if any party,
upon being notified to give additional security, and
shall fail 10 do so, then the officer shall proceed and
sell the property levied upon though no delivery
bond had been given.


II SEC 8. Be Il further enacted That this act shall
b not apply to actions eecmentS against executors
a administrators, other officers acting in fduca-
III ry capacity for money due by them to distributes
egatees, Others and which has been actually
collected by them.


SEC 10, This act shall expire by its own limit
alton on the first day of July, 1862


Passed Jan. &c. 1861.


w. c. WHITTHORNE,


Speaker Of the House of Representatives.


TAI. W. NEWMAN,
Speaker Of the Senate.