The Laws of Texas, 1822-1897 Volume 2 Page: 105
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Laws of the Repztblic of Texas.
105
by giving bond and security in double the amount of the plaintiff's
demand, conditioned that if the defendendant be condemned
in the action. he shall return the specific property attached, and
in ease he fail to do so, the securities will do it for him; or unless
claimn be made to the property levied on, and bond given to try
the right of the same, as in other cases on which the same proceedings
may be had as in trials of the right of property taken by
virtue of a fieri facias; in which cases the officer shall suffer the
property to remain in the possession and at the risk of the defendant
or claimant. And the said replevin bond or bonds for
trial of the right of property, shall be lodged with the clerk or
justice where the attachment is returnable; and should any such
bond be forfeited, according to. its conditions. the officer taking the
same shall forthwith enter thereon the necessary endorsement of
forfeiture, and the clerk ()r justice shall immediately issue execution
on the same against all the obligoors therein: wh-ich duties of
clerks and other officers shall be performed under all the penalties
and responsibilities attached to their respective offices: Provided,
That for satisfactory cause shown, any of the judges may
provide such execution either wholly or in'part, and upon such security
as the judge granting the sanme may think proper.
Sec. 10. Be it further enacted, That whenever any officer may
be required to levy an attachment, such officer may require the
plaintiff in the attachment to execute to him a bond of indemnity,
in order to secure such officer if it should afterwards appear that
the property levied on does not belong to the defendant.
'Sec. 11. Be it further enacted, That any person against whose
estate an attachment has issued, his or her attorney, agent or factor,
may at any time before final judgment entered, or a writ of
inquiry executed, upon giving special bail in double the amount
of the debt, replevy the estate so attached, and plead to [the]
issue, so that the plaintiff is not thereby delayed of his trial: Provided,
That the defendant shall not be iequired to give special
bail before he is admitted to appear and plead.
Sec. 12. Be it further enacted, That if the inhabitant of any
other Government have no goods or chattels within this Republic,
but has lands within it. the sheriff shall execute such
attachment upon his lands or tenements, agreeably to the provisions
of the act concerning executions. And in case of the,( 105 )
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 2, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth6726/m1/109/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .