The Laws of Texas, 1822-1897 Volume 2 Page: 152
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152
Laws of the Republic of Texas.
clerk thereof to tax the costs of suit incurred by the successful
party, and for which judgment is rendered, distinguishing between
the plaintiff's attorney's and sheriff's fees, and issue execution in
the following form:
The Republic of Texas to the sheriff or coroner, as the law may
require, of county:
Whereas, A B, on the day of , in the year of our
Lord, eighteen hundred and , at our court hath recovered
against C D for debt, (if debt, designate the debt, interest and
cost; or if damages, say damages, and which to the said A B now
adjudged; these are therefore to command. you, that of the goods,
chattels and estates, of the said C D, you cause to be made the full
amount of this execution, after deducting therefrom the legal fees
and commissions for collecting the aforesaid amount; and that you
have then this writ at the clerk's office of said court on the return
day hereof, certifying how you have executed the same.
Given under mv hand this day of , 18-.
T. H. Clerk.
See. 2. Be it further enacted, That the clerk shall keep an execution
book. in which it shall be his duty to record an abstract of all
the executions, together with a copy of the return of the sheriff,
showing the amount, and file the same in the office, subject to the
order of the plaintiff in the execution, or his attorney, and when
delivered it shall be the duty of the clerk to endorse the delivery in
the margin of the execution book, and to whom, which endorsement
shall be recorded evidence of that fact.
Sec. 3. Be it further enacted, That should the defendant in any
judgment of court be about leaving the county in which judgment
may be rendered, and before rising of the court, the court shall order
execution to be immediately issued, upon an affidavit being
made and filed with the court of that fact.
Sec. 4. Be it further enacted, That all executions shall be made
returnable within ninety days from the date of their issue, and the
defendant or his agent shall have the right in all cases to designate
the property, and if the defendant shall fail or refuse to designate
the same, then the levy shall be made in the following manner:
first on personal or moveable property, then on slaves, and then on
lands.
Sec. 5. Be it further enacted, That whenever property shall
have been seized by virtue of an execution, it shall be the duty(152)
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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/m1/156/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .