Unknown to Unknown, 01-22-1824


Summary: Judicial regulations and forms.


Art. In case no property belonging to defendant could be found by the constable and his body should be seized the Alcalde shall examine into his circumstances and should it appear to the satisfaction of the Alcalde that Defendent had not fraudulently conveyed his property out of his hand or concealed it to elude the payment of his just debts, he shall discharge him but should it appear to the satisfaction of the Alcalde that Deft had fraudulently conveyed away or concealed his property then in such case the Alcalde May at his discretion hire out the Defendt. to the highest bidder untill his wages paid the debt—

Art. Should any one make oath to the satisfaction of the Alcalde that any person was justly in debt to him in a specified sum Then due or due at some future period and that sd. person was about to abscond or to remove it from this Colony or was about to remove his property, so that the debt was in danger of being lost the Alcalde may at his discretion issue an Attachment returnable forthwith to seize the property of the person thus about to remove or abscond, or to seize his person and detain said property or the person untill a judgment and Execution should issue in the case provided that said attachment may be raised and the property and person released on giving good and sufficient appearance bail to be approved of by the Alcalde and bail bonds

Art. Should it appear to the Alcalde that any person who was security for the Stay of Execut[io]n or Security on an appeal bond, or in a Special bail bond or Security for a Constable, was about to abscond or remove from the Colony, or was about to remove his property so that it could not be come at in the event of its becoming liable he May at his discretion detain said Property or said person untill other and satisfactory Security was entered—

Art. Should any person Make oath to the satisfaction of the Alcalde that any one was about to remove out of this Colony any property to which such person had the legal possession for the time being but not a legal title and that such property was in danger of being lost to its legal owners by such removal, the Alcalde may at his discretion cause such person to appear forthwith before him with the said property, and compel him to give up said property to its legal owner or give security that it should not be removed out of the Colony

Art. In all cases where the cause of action accrued out [side] of this nation, neither party being a citizen or inhabitant of this nation at the time when the debt was contracted, application must be made to the judge of the Colony

Reposing special trust in the abilities and integrity of ------I do hereby appoint him Constable of the District of the Brazos in this Colony for the year 1824 and thereafter untill Another is appointed qualified to act.

Given under my hand at the Town of St Felipe de Austin this 22d. day of Jany 1824.