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ment of the purchase money, which bond shall be lodged with the other papers in the cause; and if the money is not paid at the expiration of the time given, the Clerk or Justice of the Peace, with whom such bond is lodged, shall issue execution against the principal and sureties, or either of them, and the money when collected, shall be paid into the hands of the Clerk or Justice of the Peace to abide the final decision of the cause.
Sec. 5. Be it further enacted, That when any property sequestered, on the oath of the plaintiff, his agent or attorney, be certified to any Judge or Justice of the Peace, to whose court the sequestration is returnable, to be likely to be wasted or destroyed by keeping; and the defendant in such sequestration, his agent or attorney, shall not within thirty days after the levy, replevy the property sequestered, then such property shall by order of such Judge or Justice of the Peace, be sold at public sale, by the officer who levied the writ, in the same manner as sales by execution; and the said officers shall within five days after such sale, return the order of sale to the Court or Justice of the Peace, to which the sequestration is returnable, with his proceedings thereon; and also, at the time of making such return, shall pay over into the hands of the Clerk or Justice of the Peace all monies arising from such sale.
Sec. 6. Be it further enacted, That the defendant whose property has been taken by writ of sequestration, shall have the right to retain the same, by delivering to the Sheriff or other officer executing said writ, his bond payable to the plaintiff, with good and sufficient sureties, to be approved of by the Sheriff or officer taking the same, for an amount of money equal to double the value of the property sequestered; which bond, if the property sequestered be slaves or moveable property, shall be conditioned that he will not send away the same out of the county or limits of the State, according to plaintiff's affidavit; that he will not make an improper use of them, and that he will have them forthcoming to abide the decision of the Court, or that he will pay the value thereof, in case the suit shall be decided against him. If the property sequestered be real property, the condition of said bond shall be that he will not injure said property, and that he will restore the fruits and revenue produced by the same or pay their value, in case he shall be condemned so to do: such bond shall be returned to the Court with the suit, and in case the suit is decided against
the defendant, final judgment shall be entered against all the obligors in such bond jointly and severally.
Sec. 7. Be it further enacted, That the Sheriff or other officer, while he retains custody of the sequestered property, shall take care of and manage the same in a prudent manner; he may confide the same to the custody of other persons, but he shall be responsible for their acts, and he shall be responsible to the party injured for any neglect or mismanagement by himself or by those whom he has confided the custody or management of such property; and he shall be entitled to receive a just compensation and all reasonable charges therefor, to be determined by the Court or Justice of the Peace, and paid out of the proceeds of the property sequestered, if judgment be given in favor of the party suing out the said writ; but if judgment be against such party, then such compensation and reasonable charges shall be paid by him: provided, that if the defendant does not replevy the property sequestered within thirty days, the Sheriff or other officer shall deliver the property to the plaintiff, upon his giving bond payable to the Sheriff or other officer in a sum at least double the value of the property sequestered, with two or more good and sufficient sureties, to be approved by the officer, conditioned that the property shall be forthcoming to abide the decision of the Court; which bond, if forfeited, or if the suit be decided against the plaintiff, shall have the force and effect of a judgment; and if the property sequestered be slaves, and the defendant does not within the time prescribed, (thirty days.) replevy the same, and the plaintiff within ten days thereafter, it shall be the duty of the Sheriff or other officer to hire out said slaves to the best advantage.
Sec. 8. Be it further enacted, that no writ of sequestration shall be issued by any Judge or Clerk of the District Court, unless a petition shall have been first filed in the office of such Clerk.
Sec. 9. Be it further enacted, That no judgment shall be rendered in any suit in which a sequestration has issued, unless the citation has been served in the ordinary mode, or by publication as provided for by law.
Sec. 10. Be it further enacted, That sections one hundred and forty-four, one hundred and forty-five, one hundred and forty-six, one hundred and forty-seven, and one hundred and forty-eight, of "an act to regulate proceedings in the District Courts," approved 13th May, A. D. 1846, be, and the same are
hereby repealed; and that this act take effect from and after its passage.
Approved, March 15, 1848.
An Act to amend an act supplementary to an act to create and organize the county of Panola.
Section 1. Be it enacted by the Legislature of the State of Texas, That the third section of an act to create and organize the county of Panola be so amended as to read as follows, to wit: That it shall be the duty of the County Court of the county of Panola, to cause the territory of the same to be laid off into five Districts, as nearly equal in size as they can be made, by imaginary lines, the centre of the county to be the centre of one district; after which, the Chief Justice of said county shall cause an election to be held in each district, within fifteen days after said districts are made, for the election of one Commissioner for each district: said election, the notice of the same, and manner of making returns, shall be governed by the laws regulating elections for county officers; and on comparing the votes, the one receiving the highest number of votes in their respective districts, shall be declared the Commissioner for the county of Panola; whose duty it shall be to select two eligible sites, one of which shall be within five miles of the centre of said county, and the other on either side of the Sabine river, without regard to the centre, for the county site of said county; which places shall be submitted to the legal voters of said county, at public election, at such places as is prescribed by law: and it shall be the duty of the Chief Justice of said county, as soon as the said Commissioners shall have selected the sites and report the same, to issue a writ of election to be held, and the returns of said election to be made within ten days thereafter; and the place receiving a majority of the legal votes cast at said election shall be the county site, and shall be known and called by the name of Carthage; unless at said election some town or village now established in said coun
ty be selected as the county site; and said Commissioners shall have power to purchase land in amount not to exceed one hundred and sixty acres for the use of said county, or to receive any amount offered as a donation.
Sec. 2. Be it further enacted, That the Commissioners or a majority of them, shall select and nominate the places to be submitted to the voters of Panola county for the county seat by the second Monday of July next; and on the second Monday of August thereafter, an election for county seat shall be held throughout said. county; said election to be ordered as required by this act; and to be governed by the general law regulating elections.
Sec. 3. Be it further enacted, That the Commissioners, or a majority of them, shall make known the result of said election, by publishing the number of votes given for each place, and they shall immediately thereafter proceed to lay off the place selected for the county seat into convenient lots, reserving one in the centre thereof of such size as they may deem proper, upon which to erect a Court House, and one in some other part thereof, upon which ro erect a county jail; and shall at such time or time as may be agreed upon amongst themselves, offer said lots for sale upon a credit of twelve months, taking notes with good security, and mortgages upon the property sold, payable to the Judge of the County Court of their county, and their successors in office for the use of the county, to be applied to the erection of county buildings first, and then to such other purposes as the County Court of said County may direet: Provided the said Commissioners give at least thirty days notice of each and every sale.
Sec. 4. Be it further enacted, That the Commissioners, for the services required of them by this act, shall receive such compensation as may be allowed by the county Court of said county for each and every day they may be in service; and that all laws be hereby repealed that conflict with this act.
Sec. 5. Be it further enacted, That this act take effect from and after its passage.
Approved, March 15, 1848.
An Act to regulate the time of holding Courts in the fourth Judicial Districts.
Section 1. Be it enacted by the Legislature of the State of Texas, That the Courts in the fourth Judicial District shall be held as follows, to wit: In the County of Bexar on the first Mondays in August and February, and may continue in session four weeks.
In the county of Medina, on the fourth Monday after the first Mondays in August and February, and may continue in session one week.
In the county of Refugio, on the fifth Monday after the first Mondays in August and February, and may continue in session one week.
In the County of Nueces, on the sixth Monday after the first Mondays in August and February, and may continue in session one week.
In the county of San Patricio, on the seventh Monday after the first Mondays in August and February, and may continue in session two weeks.
In the county of Cameron, on the ninth Monday after the first Mondays in August and February, and may continue in session two weeks.
In the county of Starr on the eleventh Monday after the first Mondays in August and February, and may continue in session two weeks.
In the county of Webb, on the thirteenth Monday after the first Mondays in August and February, and may continue in session until the business is disposed of.
Sec. 2. Be it further enacted, That this act shall go into effect from and after the first day of August, A. D. 1848.
Approved, March 15th, 1848.