(A) The judgment, in case of conviction in a criminal action before the Municipal Court of the City of Wake Village, Texas, shall be that the city recover of the defendant the fine and costs, and that the defendant remain in custody of the Marshal until the fine and costs are paid; and that execution issue to collect the same.
(B) In each case of conviction before the Judge of the Municipal Court of the City of Wake Village, Texas, from which no appeal is taken, an execution (writ) shall issue for the collection of the fine and costs, which shall be enforced and returned in the manner prescribed by law in civil actions before justices.
(C) The Clerk of the Municipal Court shall tax the costs in every case in which a final judgment has been rendered and shall issue execution to enforce the judgment and collect the costs. The execution and subsequent executions shall not be addressed to a particular county, but shall be addressed to the Marshal of the City of Wake Village, Texas.
(D) The Clerk of the Municipal Court shall issue the execution upon such judgment upon the application of the City Attorney or the Mayor of the City of Wake Village, after the expiration of 20 days from and after the rendition of a final judgment in the Municipal Court, and after the overruling of any motion therein for a new trial, or in arrest of the judgment, and if no appeal bond has been filed and approved.
(E) The style of the execution shall be “The State of Texas.” It shall be directed to the Marshal of the City of Wake Village, Texas. It shall be signed by the Clerk of the Municipal Court, and shall require the Marshal to execute it according to its terms, and to make the costs which have been adjudged against the defendant in execution and the further costs of executing the writ. It shall describe the judgment, stating the Court in which, and the time when rendered, and the name of the city in whose favor and against whom the judgment was rendered. A correct copy of the bill of costs taxed against the defendant in execution shall be attached to the writ. It shall require the Marshal to return it within 30, 60, or 90 days, as directed by the city or its attorney.
(F) When an execution is issued upon a judgment for a sum of money, or directing the payment simply of a sum of money, it must specify in the body thereof the sum recovered or directed to be paid and the sum actually due when it is issued and the rate of interest upon the sum due. It must require the officer to satisfy the judgment and costs out of the property of the defendant subject to execution by law.
(G) An execution issued upon a judgment for the sale of particular personal property, must particularly describe the property, and shall direct the officer to make the sale by previously giving the public notice of the time and place of sale required by law.
(H) The Marshal receiving the execution shall indorse thereon the exact hour and day when he or she received it. If he or she receives more than one on the same day against the same person, he or she shall number them as received.
(I) When an execution is delivered to the Marshal, he or she shall proceed without delay to levy the same upon the property of the defendant found within his or her jurisdiction not exempt from execution, unless otherwise directed by the City of Wake Village, Texas. The Marshal shall first call upon the defendant, if he or she can be found or, if absent, upon his or her agent if known, to point out property to be levied upon, and the levy shall first be made upon the property designated by the defendant, or his or her agent.
(J) Personal property levied on under execution shall be offered for sale on the premises where it is taken in execution, or at the Courthouse door of the county, or at some other place if, owing to the nature of the property, it is more convenient to exhibit it to purchasers at such place. Personal property susceptible of being exhibited shall not be sold unless the same be present and subject to the view of those attending the sale, except shares of stock in joint stock or incorporated companies, and in cases where the defendant in execution has merely an interest without right to the exclusive possession in which case the interest of defendant may be sold and conveyed without the presence of delivery of the property. When a levy is made upon livestock running at large on the range, it is not necessary that such stock, or any part thereof, be present at the place of sale, and the purchaser at such sale is authorized to gather and pen the stock and select therefrom the number purchased by him or her.
(K) In the notice of sale of personal property, previous notice of the time and place of the sale of any personal property levied on under execution shall be given by posting notice thereof for ten days successively immediately prior to the day of sale at the Courthouse door of Bowie County, and at the place where the sale is to be made.
(L) The levying Marshal or peace officer shall make due return of the execution, in writing and signed by him or her officially, stating concisely what the officer has done in pursuance of the requirements of the writ and of the law. The return shall be filed with the Clerk of the Court. The execution shall be returned forthwith if satisfied by the collection of the money or if ordered by the City of Wake Village, Texas, indorsed thereon.
(M) The monies collected by execution to satisfy the fine and cost shall be paid into the City Treasury of the city, for the use and benefit of the city, but in no case shall there be collection of more than $200, or more than prescribed by law to be collected of one convicted in a justice court.
(N) The Clerk of the Court shall keep an execution docket in which he or she shall enter a statement of all executions as they are issued by him or her, specifying the names of the parties, the amount of the judgment, the amount due thereon, the costs, the date of issuing the execution, to whom delivered, and the return of the officer thereon, with the date of the return. This docket entried shall be taken and deemed to be a record. The Clerk shall keep an index and cross-index to the execution docket.
(Ord. 3-54, passed 8-9-1954)