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.