The Laws of Texas, 1822-1897 Volume 2 Page: 154
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154
Laws of the Republic of Texas.
Sec. 9. Be it further enacted, That if on the sale of the property
for cash, more money shall be received than sufficient to pay the
amolllt of the execution, the sheriff shall immediately pay over the
suiplus to the defendant, his agent or attorney; and if at the sale
on a credit of twelve months, the property shall bring more than
sufficient to pay the execution; the purchaser shall give the bond
heretofore specified, for the amount of the execution, and interest
up to the maturity of the bond, to the plaintiff, and shall execute
a similar bond to the defendant for the surplus, upon which said
bond cxecution may issue as aforesaid.
Sec. 10. Be it further enacted, That whenever an execution is
levied upon any property, the defendant shall have the right to
retain the possession of the same upon giving bonds with good security,
payable to the plaintiff, in double the amount of the debt
and costs, conditioned for the delivery of the property to the sheriff
on the day of sale.
Sec. 11. Be it further enacted. That if the defendant shall fail
to deliver the property so bonded, it shall be the duty of the sheriff
to return the bond to the clerlk of the court from which execution
issued, as forfeited; whereupon said clerk shall issue executiol
against the principal and the securities on the bond for the amount
of the debt and costs, upon which said execution no delivery bond
shall be taken; which fact shall be endorsed by the clerk on the
execution.
Sec. 12. Be it further enacted, That it shall be the duty of the
shleriff to endorse on the execution the day in which it came into
his hands, and if he receive more than one on the same day, and
:against the same person, he shall number them as received, ard on
failure he shall be liable to pay twenty per cent. on the amount of
besides interests and costs, which may be recovered of him and his
securities, upon giving five days notice that a motion will be made
-to this purpose at the next term of the court, from which this executio.n
issued.
Sec. 13. Be it further enacted, That should any sheriff or other
,officer fail or refuse to pay over money collected under execution,
when demanded by the person entitled to receive the same, he shall
be liable to pay ten per cent. per month on the amount so collected,
besides interests and costs. which mav be recovered of him and his
securities by motion before the court from which said execution issued,
five days previous notice thereof being given.
Sec. 14. Be it further enacted, That it shall be the duty of(154)
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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/m1/158/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .