Journal of the Senate of Texas being the Second Called Session of the Forty-Third Legislature Page: 89
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SENATE JOURNAL. 89
Sec. 4. In the order granting a
continuance, or stay of execution, or
a temporary injunction under the
provisions of this Act, the Court
shall specify the amount of rent to
be paid for the use of the urban or
business property and direct that
monthly installments be paid to the
clerk for application on the debt de-
manded, and in no event shall such
order be granted until the first in-
stallment of rent has been paid and
in all such cases the order shall
provide that a failure to pay such in-
stallment as and when due, will of
itself vacate the order. Where the
property involved is rural or farm
property the court shall determine
the usual and customary rentals paid
for such property and shall require
the debtor to assign, transfer or se-
cure to the creditor such rents and
revenues or the value thereof, before
such order is granted. All writs of
injunction issued to restrain sales
under executions and/or orders of
sale shall be made returnable to the
courts from which the restrained
process was issued.
Sec. 5. Where it is made to ap-
pear to the court that the proper
protection of the property and the
rents and revenues to be derived
therefrom can be better served by
the appointment of a receiver to
take charge of and manage and con-
trol the property during the period
for which any cause may be con-
tinued or the period for which a stay
of execution or an injunction shall
be effective, the court shall be au-
thorized to appoint some. suitable
person to act as receiver of such
property and to manage and control
the same under the orders of the
court and make such distribution of
the rents and revenues as the court
may direct.
Sec. 6. At the end of the period
for which the temporary injunction,
or the continuance, or the stay of
execution, as the case may be, was
granted, and on further similar ap-
plication, notice and hearing, the
Court or Judge may in his discre-
tion enter a further order for tem-
porary injunction or continuance or
stay in like manner and upon the
same conditions as contained in Sec-
tions 2 and 3 hereof. But in no
event shall the operation of the
original or the subsequent order ex-
tend beyond January 1, 1935.Sec. 7. Upon the showing that the
defendant or the relator has failed
to comply with the order of the
Court for the payment of rent on
the property involved, or that the
conditions of the relator or defendant
have changed to such an extent as to
make the grounds upon which any
continuance, stay order, or injunc-
tion was granted inapplicable the
Court shall forthwith enter an order
setting aside the continuance or the
stay of execution, or the injunction
and proceed with the trial of the case
on its merits, or permit the property
to be sold as the case may be.
Sec. 8. The motion for continuance
or for stay of execution or the peti-
tion for injunction shall be ad-
dressed to the sound discretion of
the trial court and the action of the
court in refusing to grant any such
relief as herein authorized shall be
final and not be assigned as error on
appeal.
Sec. 9. No guarantor of an indebt-
edness, nor indorser nor surety for
the payment thereof, nor any person
primarily liable thereon, the collec-
tion of which has been enjoined or
postponed by reason of the provi-
sions of this Act, shall be required to
pay such indebtedness during the in-
junction or postponement of the
suit, nor shall the obligations of such
guarantor, indorser, or surety in any
way be impaired or lessened by rea-
son thereof, nor shall the creditor
be obligated to pursue any remedy
against such guarantor, indorser or
surety during the continuance of
such injunction and/or postponement
of suit.
Sec. 10. The period from Febru-
ary 15, 1934 to January 1, 1935,
shall not be included in computing
any period of limitation under the
laws of this State with reference to
liens on real property and the debts
secured thereby, provided the pro-
visions of this Act have been in-
voked by the record owner of such
real property.
Sec. 11. Nothing herein shall be
held to prevent or limit the right of
any Court to enter any judgment by
agreement of the parties.
Sec. 12. The provisions of this
Act are hereby declared to be dis-
tinct and separable. If any section,
paragraph, sentence or clause hereof
shall be found by a court of compe-
tent jurisdiction to be invalid the
decision of such court shall not affect
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Reference the current page of this Legislative Document.
Texas. Legislature. Senate. Journal of the Senate of Texas being the Second Called Session of the Forty-Third Legislature, legislative document, 1934; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth307712/m1/95/?q=%22%22~1&rotate=270: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.