The Arkansas banner., 1844-03-06
No. 25.
Anthony House.

D4 AN Os f-J
 '' .Arthony House.
 ticket will be taken for one dollar,
 lls Ds.s '1 money, due the Anthony House.
 ! a'a dollar bill, Arkansas money, will al
 ha ~ ~eychangedfor that amount in tickets.
 O' paIIIp L. ANTHONY, Proprietor
 IT ROCK, ARk's,
 .So m simmons issued by the Justice ol @pasce ,,s required Anthony to appear before
 s,ecifed time and place to answer
 s,;J Dawdy "in an action on account,o
 ,ba @ summons was duly executed, and so,b s Dawdy and Anthony appeared be- b;m at the time and place specified in the nons @ and that the defendant Anthony,
 Iis counsel, argued the case at length : ,bs Justice, after hearing the argument,
 satisfied that the defendant did draw and
 inc change ticket sued on, and thereup-
 sve judgment that the plaintiff recover
 E., him the sum of one dollar debt, and E;s costs in the case expended that the [dant prayed an appeal from said judg-
 l n the Circuit Court, made such affi- l as the law requires upon the taking of
 bpeal from any decision made in Jus l Court to the Circuit Court, and offered
 kror bond and good security. and that the
 fec refused to grant his prayer, or allow
 apueal to be taken from said judgment, <tbat he issued an execution on said judg-
 bon the case thus shown, two principal ftions arise: First, Is the instrument
 which the action is founded a change
 note, bill, or check, within the pur- of either the statute, approved Eco 14A,
 ch 2l, Bet. Sfdt. .frk., page 176, or Fbved l7ih Dec, 1858, entitled An act
 tohibit the issuing of small bills, notes,
 ange tickets," Acts 1898, p. 132 Se-
 Does the Legislature possess the power Baking the judgments of Justices of the
 e final
 Iese questions will be disposed of in the in which they are stated.
 he principal design of the Statutes Of 1 Fe6. and 17th Dec, 1888, mentioned
 e and also of daotter Salute appfored l 25A, 1897. Reu. Sat. .4rk., ch. 119, i b free the community entirely from the (aton as currency CT change, of every l les of small paper, whether issued by 6ations, companies, or individuals, and Ey relieve them from all the evils incl to such circulation. And to this end Issuing and circulation of such paper ] by the provisions in said statutes con-
 ', inhibited to all companies, persons, Forporations and such prohibition en-
 not only by the denunciation of cri- punishment against such as should pass, or receive, or offer it in payment; |so making the drawer and every indi- who should sign, endorse, or aflix his thereto, responsible to the owner or |F thereof for the amount therein men l,in gold or silver, notwithstanding any !ions therein specified that payment will |ade when the sum of five dollars is pre- |l or in bank notes, or that 1t will be Fed in payment of debts and also of Fdng from every judgment thereon re- ted, the allowance of any stay of exeeu- |appeal, certiorari, or writ of error, in fctlon
 |lt according to oul understanding of statutory provisions, they embrace only
 instruments as purport to be for five (rs ol sum under five dollars, and were, Fe maker, drawer, issuer, endorser, or person afixing his name thereto, de- fd to circulate from hand to hand as fncy or change; and such was the inter |lon or exposition of them given by this \ h the case of Tan Horn .. thc Stale, Fedatthe last term. Therefore to charge party to them under the provision of Statutes, these facts must be established,
 some manner appear otherwise the f and conditions specified in the instru-
 must be observed, and substantially Flled With before any right of action ac- thereon to the holder or owner, because the effect and operation of these statu- provisions alone, upon such instruments makes the conditions inserted therein and attaches to them an absolute legal Rall0n to pay to the holder or owner the En' E Tor which they purport to be paya- P,' gold or silver, notwithstanding the P'a'loas or conditions to the contrary in- Pd therein.
 |1e instrument upon which this action is |1eu' according to our understanding of |ausuage used, imports on it's face that it ||seeSlghed to be used and circulated as, 'of aae purposes of change in the small [''Ss transactions of the community, or 'a'. Rr :. Ill such transactions with the proprie- r 9e Anthony House; but even if these |na s'u iio' appear upon the face of the in- I"'' ana were not, as we consider them f' fn'Sally deduelble therefrom, it is clearly oe aoy the petition of Anthony, for the sd % pefuorarl, that they were either ad- or % VT /, proven at the trial before the Jus
 :, ae feace : besides we should con ga'Seives ,ha warranted in iniering the same ,ar a,s language used by the Justice with Eoal E|lssrence to the petition. He states on ars, ns, mat "when the defendants coun-
 bsas; sasa the case at length, the Court, lecsang ceal,ng the argument, was satisfied that I Sauah' sa dld make and assign the change pe 'aea on Tn this case.'' The Justice 1t men, eocs not in language say that his wa. as 10 the character of the instru- re Ss b;s. rounded upon testimony adtluced Dlion mn, put such would be the legal pre- IaSs Iasn' unless the facts were admitted by le wss aan'' because in forming his opin- ,n, was not Warranted by law in consid- ,d is y lning else, and he must be pre-
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