The Texas Almanac for 1858 Page: 31
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LAWS OF TEXAS. 81
duly authorized and commissioned by the Governor of the State of Te:= .'he
the acknowledgement of deeds, &c., &c., caused on this day of
A. D., said witnesses to come before me, and having sworn him to
make true answers to said interrogatories (and cross interrogatories,) he, the said
answered the first interrogatory as follows, viz :
To the first interrogatory, he answers, &c.
Cert'flcate at close.
I, M. G., Commissioner, as aforesaid, do certify that the foregoing unswev,
were sworn to and subscribed by the witness, said before me. Givr
under my hand and seal of office, this day of A. ).
[BEAL.] MONTGOMEP.Y' GIBS.
Comris&ioncr.
After the witness has signed the depositions and the officer has certified them.
as above, he should seal them up with the commission, exhibits, &c., write hig
name across the seal, and endorse on the envelope the name of the witness, and
the name of the parties to the suit, and direct them to the clerk of the court from
which the commssion issued. If they are sent by mail, get the postmaster to
endorse on them that he received them. And if sent by private conveyance, the
person who receives them must deliver them; and make oath that they have nnt
been out of his possession, and have undergone no alterations.
LAWS REGULATING THE COLLECTION OF DEBTS.
Imprisonment for debt is prohibited by the constitution.
An attachment may be sued out against a debtor when a summons to answer te
a civil suit shall be returned by the Sheriff, the debtor not being found in the
county, and the attachment may be levied on the property, real or personal, of
said debtor. Upon a plaintiff or his agent making an affidavit to the effect that
the defendutis justly indebted to plaintiff in a sum to be stated; also, that de-
fendant does ot reside within the State, or that he is about to remove therefrom.
or secrets himself so that process cannot be served, or is about to remove his
property out of the State, and that the attachment is not sued out with the intent,
of inuring the defendant, the Judges and Clerks of District Courts, and Justices
of the Peace, may issue original attacmeuts returnable to :heir respective courts.
At the time of making the above affidavit, a bond must be given, with two or
more sureties, in double the amount due, conditioned that the plaintiff will prose-
cute his suit to effect, and pay such damages as may be adjudged against him for
wrongfully suing out such attachment. Jfy a law of the late adjourned Session
of the Legislature, an attachment may be sued out on an affidavit that the defen-
dant is about to remove his property out of the county of his residence.
Writs of sequestration may issue under the following circumstances :
1. When a married woman sues for divorce, and makes oath that she fears that
her husband will waste her separate property, or their common property, or the
fruits or revenue produced by either, or remove the same out of this State during
the pendency of the suit.
3. When a person sues for the title or possession of a slave, or other moveable
property or chattles, and makes oath that he fears the defendant or person in
possession thereof will injure or ill treat such slave, or waste such property, or re-
move the same out of the State during the pendency of the suit.
3. When a person sues for the foreclosure of a mortgage, or the enforcement of
a lien upon a slave, or moveable property of any description, and makes oath that
he fears that the defendant or person in possession thereof will injure or ill treat
such slave, or waste such property, or remove such slave or property out of the
county.
4. When any person sues for the title or possession of real property, and makes
oath that he fears the defendant or person in possession thereof may make use of
his possession to injure such property, or waste the fruits and revenue produced by
the same, or convert them to his own use.
5. When any person sues for the title or possession of any property from whioh
he has been ejected by force or violence, and shall make oath to such facts.
THE EXEMPTION AND HOMESTEAD LAWS OF TEXAS AND OTHER
STATES.
As early as the year 1839, the Congress of the Republic of Texas, passed .
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The Texas Almanac for 1858, book, 1857; Galveston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth123764/m1/32/: accessed April 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.