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Sec. 107. The constable charged with the collection of any such fine, shall account for and pay over to the county commissioners' court, at every regular term thereof, all moneys which he may have so collected; and upon a failure to do so, he shall forfeit and pay double the amount of money so received, to be recovered in the name of the county commissioners of the proper county for the use of the county, in any court having jurisdietion thereof. The constable shall also be authorized to receive all fines before execution issued, and shall account therefor, and pay over the same in the same manner, and under the same penalties as before provided.
Sec. 108. The county commissioners' courts shall pay over to the county treasurers respectively, all moneys by them received as aforesaid, and take their receipts therefor ; which receipts shall be deposited with the clerks of said courts, and by them preserved: and the county treasurers shall account for said moneys in the same manner that they account for other public money by them received.
Sec. 109. In all criminal prosecutions before a justice of the peace, where the party accused shall be found not guilty, and it shall appear to the justice before whom such case shall be tried, that there was no reasonable ground for said prosecution, and that it was maliciously entered, that in such case, the justice of the peace is hereby authorized to give judgment against the complainant for the costs of said suit, and issue execution thereon. Sec. 110. When the docket and papers of any justice of the peace
shall be transferred to any other justice of the peace, as provided in section one hundred and twelve of this chapter, such justice receiving the same may proceed to the completion of all unfinished business, the issuing of execution upon judgments remaining unsatisfied
upon such docket, and collect the same, and have the same power in respect of such docket and papers as if the same pertained to proceedings originally instituted before him.
Sec. 111. The same articles of personal property shall be exempt from executions issued under the provisions of this chapter, and subject to the same restrictions as is provided in chapter fifty-seven of the Revised Statutes ; except as specified in the ninety-seventh section of this chapter.
Sec. 112. When any justice of the peace shall resign his office, or remove from the county or district in which he was elected, it shall be his duty to deliver over his docket and papers relating to the business transacted before him, to the nearest justice of the peace of his county, and to return to the office of the clerk of the county commissioners' court, all copies of the statutes which he may have received from that office; and in case of the death of any justice of the
it shall be the duty of the person having possession of said docket, papers and statutes, to deliver them over as aforesaid.
Sec. 113. Any constable to whom an execution shall have been delivered, and whose term of office shall expire before the expiration of the time within which the return of such execution is required by law, shall be authorized to proceed in all matters relating to said execution, and in the same manner to collect the same, that he might have done, had the term of office of such constable not have expired ; and the constable and sureties shall be liable for any neglect of duty, and for all moneys collected upon such executions in the same manner, and to the same extent they would have been if the term of office of such constable had not expired.
Sec. 114. All bonds given by justices of the peace and constables shall remain in force five years after the expiration of their respective terms of office, and when
such bonds are renewed, or new bonds are given, such renewal or giving of a new bond shall not satisfy or vacate any such previous bond, but each bond shall stand good in relation to all matters and things done or omitted to be done, within the term of office for which such bond shall have been given : Provided, That where by law, any justice or constable shall be authorized or required to complete any business, or performing any duties growing out of business commenced, and in their hands previous to going out of office, the bond shall apply to such cases until such business is concluded by such justice or constable.
Sec. 115. Any justice of the peace, failing or refusing to deliver any statutes, books, dockets or papers as required by this chapter, for the space of ten days after the same are demanded, shall forfeit and pay the sum of ten dollars, to be recovered by an action of debt in the name of the county commissioners' court, for the benefit of the county ; besides being, together with his securities in his official bond, liable to the county and to all persons interested, for all damages and losses which
may be sustained by reason of such failure or refusal. Sec. 116. Upon the failure of a justice of the peace or constable to pay over any money, by him collected or received, as herein provided, to any person entitled to receive the same, his or her agent or attorney, such person may proceed against such justice or constable in a summary way, either before a circuit court or some justice of the peace of the proper county, by motion, upon giving to such justice or constable five days' notice of the application; and recover the amount so neglected or refused to be paid, with twenty per cent. damages thereon, for such detention, and shall have execution therefor.
Sec. 117. If any justice or constable against whom proceedings shall have been commenced, as provided in the preceding section, shall pay or satisfy the amount claimed by the party prosecuting, with the costs, the proceedings shall be dismissed, and without judgment for the damages specified in the preceding section.
Sec. 118. If any constable shall neglect or fail to return an execution within ten days after its proper return day, or if the demand, debt or claim be wholly or in part lost, or if any special damage shall arise to any party by reason of the neglect or refusal to act, or the misseasance or nonfeasance of any constable in the discharge of any official duty, the party aggrieved may have his action in the circuit court; or, when the amount claimed does not exceed one hundred dollars, before any justice of the peace of the proper county, against such constable and his sureties on the official bond of such constable, and shall recover thereon the amount of said execution, with interest from the date of the judgment upon which the original execution issued.
Sec. 119. In suits on the official bonds of justices of the peace and constables, a copy of such bond, authenticated under the official signature and seal of the county commissioners' clerk, with whom it is filed, may be read in evidence.
Sec. 120. When judgment shall have been rendered against any justice of the peace or constable and his securities on his official bond, execution may issue against all of them, but the officer executing the same shall not levy upon the property of the securities until he shall fail to find sufficient property of the justice of the peace or constable to satisfy such execution: Provided, however, The execution shall be a lien upon
the property of the securities as in other cases. Sec. 121. In all cases of suits on the official bonds of justices of the peace and constables, judgment shall be entered for the full penalty of the bond, in favor of the county commissioners' court, but execution shall only issue for the amount found to be due, with interest and costs.
Sec. 122. After such judgment is obtained, the court may from time to time, award execution against the defendant or defendants, for any breach of the conditions of their bond, or for the violation of any of the provisions of this chapter. No such subsequent execution shall, however, be issued until the defendants shall be summoned by a writ of scire facias, in the usual form, to appear and show cause, why such execution shall not be awarded.
Sec. 123. Securities shall not be liable in execution beyond the amount of the penalty of their bond, but the liability of the principal shall continue after the penalty of the bond is exhausted, and the court may continue to award execution as occasion shall require.
Sec. 124. Justices and constables, and their securities, may have the benefit of appeal, certiorari, and writ of error, from all decisions and judgments rendered in suits against them as is provided in other cases.
APPROVED: March 3, 1845. (AMENDED :-See Appendix, Acts Nos. 7, 17 and 18.]
LANDLORD AND TENANT.
agreement, may be collected.
to pay double rent. 3. Tenant not quitting premises according to notice
by him given, to pay double rent.
mence action of ejectment; effect of judg-
ges and costs, suit to be discontinued.
lord, to give landlord notice. 6. Distress for rent, how landlord shall proceed in
case of; entry of amount due by clerk of
court or justice; sale; return. 7. Property of tenant in county may be seized, but
not the property of other persons. 8. Crops, lien of landlord upon, for rent. 9. Abandonment of premises, how landlord may
proceed in case of, as to crops thereon. 10. When defendant shall not replevy property in
tive days, how property to be disposed of; no
tice of sale; sale; overplus be restored. 11. Perishable property, how officer may dispose of. 12. What property is exempt from distress for
Section 1. In all cases in which rent may be due and in arrear, on a lease for life or lives, and where lands shall be held and occupied by any person without any special agreement for rent, it shall and may be lawful for the owner or owners of such lands, or his, her or their executors or administrators, to sue for and recover such rent, or a fair and reasonable satisfaction for such use and occupation, by action of debt or assumpsit, in any court having jurisdiction thereof.
Sec. 2. If any tenant or tenants for life, lives, or for years, or any person or persons who are, or shall come into possession of any lands, tenements or hereditaments, by, from or under, or by collusion with such tenant or tenants, shall wilfully hold over any lands, tenements or hereditaments, after the expiration of such term or terms, and after demand inade, and notice in writing given, for the possession thereof, by his, her or their landlord or landlords, lessor or lessors, or the person or persons to whom the remainder or reversion of such lands, tenements or heredi
taments shall belong, such person or persons so holding over, shall for the time such landlord or rightful owner be so kept out of possession, pay to the person or persons so kept out of possession, or their legal representatives, at the rate of double the yearly value of the lands, tenements or hereditaments so detained as aforesaid, to be recovered by action of debt or otherwise, in any court having cognizance of the same.
Sec. 3. If any tenant or tenants shall give notice of his, her or their intention to quit the premises, by him, her or them holden, at a time mentioned in such notice, at which the tenant would have a right to quit by the lease, and shall not accordingly deliver up possession thereof, the said tenant or tenants shall pay to the landlord or lessor, double the rent or sum which would otherwise have been due, to be collected in the same manner as the rent otherwise due should have been collected.
Sec. 4. In all cases between landlord and tenant, where one-half year's rent shall be in arsear and unpaid, and the landlord or lessor to whom such rent is due, has right by law to re-enter for non-payment thereof; such landlord or lessor may, without any formal demand or re-entry, commence an action of ejectment for the recovery of the demised premises. And in case judgment be given for the plaintiff in such action of ejectment, and the writ of possession thereon be executed theseon, before the rent in arrear and costs of suit be paid, then the lease of such lands shall cease and be determined, unless such lessee or lessees shall, by writ of error, reverse the said judgment, or shall by bill, filed in chancery, within six months after the rendition of such judgment, obtain relief from the same: Provided, That any such tenant or tenants may, at any time before final judgment on said ejectment, pay or tender to the landlord or lessor of the premises, the amount of rent in arrear, and costs of suit, and the proceedings on such ejectment shall thereupon be discontinued.
Sec. 5. Every tenant who shall, at any time be sued in ejectment, by any person other than his or her landlord, shall forthwith give notice thereof to his or her landlord, or to his or her agent or attorney, under the penalty of forseiting two years' rent of the premises in question, or the value thereof, to be recovered by such landlord, by action of debt, in any court having cognizance thereof.
Sec. 6. In all cases of distress for rent, the person making the same, shall immediately file with some justice of the peace, in case the amount claimed does not exceed one hundred dollars, or with the clerk of the circuit court, in case it exceeds that sum, a copy of the distress warrant, together with an inventory of the property levied upon; and thereupon the party against whom the distress warrant shall have been issued, shall be duly summoned, and the amount due from him assessed and entered upon the records of the court finding the same. The said court shall certify to the person or officer making the same, the amount so found due, together with the costs of court; and said officer shall thereupon proceed to sell the property so distrained, and make the amount thus certified to him, and return the certificate so issued to him, with an indorsement thereon of his proceedings, which return and certificate shall be filed in the proper court.
Sec. 7. In all cases of distress for rent, it shall be lawful for the landlord, by himself, his agent or attorney, to seize for rent, any personal property of his tenant that may be found in the county where such tenant shall reside; and in no case shall the property of any other person, although the same may be found on the premises, be liable to seizure for rent due from such tenant.
Sec. 8. Every landlord shall have a lien upon the crops, growing or grown upon the demised premises in any year, for rent that shall accrue for such year.
Sec. 9. In case of the removal or abandonment of the premises or any part thereof, by such tenant, all grain or vegetables, grown or growing upon any part of the premises so abandoned, may be seized by the landlord, his agent or attorney, before the rent is due; and the landlord so distraining, shall cause the grain or vegetables so growing, to be properly cultivated and perfected, and in all cases husband such grain or vegetables, grown and growing, until the rent agreed upon shall become due, when it shall be lawful for such landlord, his agent or attorney, to sell and dispose of the same as in other cases of seizure, after the rent shall have become due, and also to retain a just compensation for his care, culture and husbanding of such grain or vegetables: Provided, That such tenant may at any time redeem the property so taken before the rent is due, by tendering the rent agreed upon, and all reasonable expenses attending the same, for care, cultivation and husbandry as aforesaid, or replevy the same, as in case of seizure, where the rent is due.
Sec. 10. When any goods or chattels shall be distrained for rent, and the tenant or owner of the goods so distrained shall not, within five days after such distress taken, and notice thereof, and the cause of taking, replevy the same, with sufficient security according to law, the person distraining, or his agent duly authorized, may, with the sheriff or constable of the county, cause the goods and chattels so distrained to be appraised by two reputable freeholders under oath ; which oath may be administered by such sheriff or constable, to appraise said goods and chattels, according to their best judgment and understanding; the person making such distress, after having obtained such assessment, as specified in section six of this chapter, and on giving ten days' notice, may sell such goods and chattels at public auction, and after retaining the amount of rent distrained for, and the costs of distress and sale, shall pay the overplus, if any there be, to such tenant or tenants.
Sec. 11. Any landlord distraining, or officer or other person, in whose hands perishable property may be, when there is danger that the same will perish or be lost if it shall remain undisposed of until the conclusion of the suit, such landlord, officer or other person may sell the same as provided in the preceding section, and after paying the costs attending such sale, shall pay over the balance to the person or persons to whom the same shall be due.
Sec. 12. The same articles of personal property which are by law exempt from execution, except the crops grown or growing upon the demised premises, shall also be exempt from distress for rent.
APPROVED: March 3, 1845.