The weekly American banner. (Yazoo City, Miss.) 1855-18??, 1856-02-22
PUBLISHED EVERY FRIDAY MORNING.


FAClLITYzINs COLLECTING DEBTS.
The following are Che provisions of Bill in
trodueed in the,sSenate by Hon. J. J. M Caugh-
an If the spirit of these resolutions is en-
grated on the New Code, the palmy days of
Jeremy Diddlers viii be over. We do not ap-
prove of all the provisions of this bill but agree
with the Hon. gentleman in the opinion that.
thorough reform ought to be made in the maii-
ner of collecting debts. The laws now In force
are entirely for the benefit of the debtor and
oppressive of the creditor. Legislationo OF late
years has been mostly for the protection of the
consumers, and.against the interest of the pro-
ducers. With the homestead law, the woman's
law, and the laws delay, those that live by
hook or by crook, the do-nothing and Fay-noth-
| ing part of the community. have much the best
time of it. We hope to see Dir. McCaughan's
Bill, with some material amendments, pass both
branches Of the Legislature.
1st That all contracts in writing, made after
the 4th dayof July next, sfipulating for the pay
ment of money at time specified, may be filed
with any Clerk of Court, or with Justice Of
the Peace. as the case may be and according as
the amount and matter of Jurisdiction may re-
same as judgement eoafessei, in briefest form of
lentry, which shall show the parties names, de-
lfendant and plaintiff, and the amount of interest
due. The original he shall s.fely file in his Of
fee, and'ehaltissne an execution TO the proper
i of6cer which, in its te tie and substantial form
i and efficiency, shall be in all respects equiva-
flpnt to an execution upon a confessed Judgment
under existing laws, and shall impose the same
Responsibilities upon the officer collecting the
] same. Propidei, the return day of said execu-
i tion shall be sixty days from issuance of the
writ il so much time ntervenes before the en-
suing term of the Court from which the writ Is
sues, anaswhen less thar sixty days, then the.
return dSy shall be such ensuing term.
2nd There shall be no appeal or writ Of error
from any such Judgment. but the legal presump-
ton and effect thereof error from any such Office
Judgment, but the legal presumpian and effect
thereo shall be that of confession Of judgment
>, and relsGse of errors. and no forthcoming 9th
er delay bond shall be taken or received by the
sheriff or other oilicer-the object and purpose
of this act being to enforce the collection with
in sixty days or less.
3rd No writ of Injunction or other writ of
i process TO arrest such execution shall be gran
ted or allowed in any case, except on the bin
Or petition Of defendant alleging fraud in obtain
ing the written promise suede n, OF failure of
consideration, aud in either case, no Injunction
: or supersedeas shall be granted unless the bib
ar petition shall specially set forth the conside
ration Of the written promise--and shall dis
tinctly show the acts OF frau1 affecting the con-
tract relied on him TO avoid the same-and no
J injunction shall in any case be granted. unless
on seven days notice TO plaintiff, OF the time
and place Of application for said Injunction, when
said plaintiff shall be heard by answer, oath, to
E resist the same. Nor shall any injunction be
h,.t 70 nd
n such injunction when granted, shall be returna-
BILE with the execution to the Court from
whence execution is issued, and an issue shall
, be made up of the matters in contest, at the re-
flf,Yaferm Of the Court, to be tried by jury, un-
f less good cause Of continuance be shown: and,
on trial, if the jury fiad for the plaintiff. they
i may find any part or all his claim.and the Court
shall render verdict for the amount of such YER
dict against the defendant, together with ten per
cent damages on the amount of such verdict.
. 4th. That il shall be lawful for all parties
competent to make contracts, to set fertn in
il their bond or promise to pay money. the consid-
+ Grafton for which the promise is made. And as
: to such contracts the promissors to such writ
e ten instruments. whether under seal or not be-
), fore the deliverance of said instrument, may 90
.. before any Judge Justice of the Peace, Clerk OF
v Court, or other officer before whom an acknowl-
I edgment OF deed may be now made and there
d acknowledge, that the consideration set forthin
II said written promise is just and true, and that
= the delivery Of said consideration was duly pas.
= sed according to contract, and tnat the terms o
. the contract are well understood by him or them
a and have been wholly consumated in good faith
,e which acknowledgment. said officer shall cert
V fy. as acknowledgements of deeds are nov cert
10 fed; and when promise to pay money has beer
,f made and acknowledged shall be fled in Cour
3 for execution, there shall be no stay of execu
st lion thereon and no Impeachment of the consid
: leration for any cause whatever, but ils eollec
I ron shall be made ithout abatement injunctioI
q or delay Propided, that in all such contract
to there shall attach by implication, unless con
"a Itrary shall be expressed by aTormaf covenant
tv warranty Of title, as to quantity and soundues
ID of the consideration given for such written con
- sideration.
of 5th. That when property IS purchased on cred
Of il, that does not, from its natnrel die perish Q
,e wear out, for which any such obligation is giver
nd to be nanled and specified ii siach obligation.
the same IS not paid for as contracted 70 be, tha
such property shall be specially liable for sue
nd debt until paid, and the purchaser shall not sell
be- remove the same until all such paid, and Il q
he does shall be liable 70 the same pains and penal
it, ties, and shall be punished ii the same naanie
m and to the same extent, as if be bad stolen e
N same. y - q ss Z sssss -. ~ -
r 9th. All verbal ntracss q implied eontrae
ed or charges on open account and for
'o- fof which alieged debtor ms ven % prolals
q to pay, sflaI hereafter be oily as debt
riff resting upon the homer and good of the pai
of ty charged, for which there shall be no Legal rem
ticl edy tocollect the same II law or ID equl.
III except where the e1edi tor q deceased