Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1861-02-28
Farm Mortgage Relief.

5SoAS "ds huIiieu through tue 0en-
ate last week which is understood TO be a
hard one; it was by 9aie means checked
in the Assembly, though It may pass that
body and become law. Tie argus says
its main provisions are:
i. II is made the duty Of The Court, in
all actions for the collection of notes and
foreclosure of mortgages given to corpora
lions for stock, to appoint referee to take
all the testimony that either party may de-
sire to produce. After it is all taken, 80
days are given for the Court on motion to
strike out or suppress such portion Of the
testimony as may beproper- but the whole
shall form part of the record in the CASE
Appeals may be taken from this order to
the Supreme Court
2. Jury trials shall be had on the issues
of fact. If fraud is set up in the plead
ings. the plaintiff shall be deemed the owner
of the instrument, with full notice Of all
the equities between the original parties,
and the burden Of proof shall be upon the
plaintiff, to establish that he is the 5oaa
tide holder, without notice of the equities
of the case, but the instrument itself, for
the oath of the plaintiff shall not be suf-
ficient proof.
8. Provisions as to place Of trial; en-
towering the referee TO issue process; ma
king all corporation records wi Ii all mem
oranda and statements in writing of off
GERS, agents and stockholders evidence in
actions; all proceedings shall be stayed
pending delay in the production Of such
evidence; if the plaintiff appeals he shall
first pay all costs, but if the defendant APP
peals the cost need not be paid till final
judgment; no judgment shall be lien
upon any other property than that mort
gagged; if judgment is for defendant the
instrument shall be cancelled; if in the &C
ton the party plaintiff shall not pray judg-
ment or relief as to the mortgaged prop
erty, he shall be deemed to have waived
his security, and the mortgage shall be for
ever void; any defense provided may be
made by any party having any interest in
the premises.
But sections 90 and 81 provide for an
appeal:
SEC. 20. Either party to any action
mentioned in this act may appeal from the
final judgment to the supreme court, by
filing and serving written notice of APP
peal, within four years after written notice
of such judgment, which notice of appeal
shall specify whether the whole or what
part Of such judgment is appealed from;
and such appeal shall stay all proceedings
in said action except on said appeal, until
said appeal shall be finally determined and
certified back to the court from whose
Z ddg 49, the appeal was taken.
SEC. 81. If the party plaintiff shall re-
cover judgment in any action provided for
in this act, and any land shall be sold for
the purpose Of obtaining satisfaction Of
such Judgment, in whole or in part, no IL
Tie ,shall be acquired under or by virtue Of
such sale, so as to entitle the purchaser or
any one claiming through OF under him,
to the possession or to the rents, issues, or
profits Of the kapdahHs sold, anil the time
ffos.tel.slgg nj appeal from inal judgment,
as pro- - in thaRct, shallhave expired.
And all 7cAhasefs'o lands sold after final
Aspenfx nfQresaid, in any Of the cases
mentioned - shall besubject TO the
final decision 0f the case, on appeal or on
writ Of error.
Almost every feature Of this bill is con
trary to legal precedent and without ques-
ton it is unconstitutional in some of its
parts. 1t is ably prepared. but designed
il view Of making a pretended show that
its friends are favorable to the farm mort
gagors; whereas, they really mean to IN
jure them by passing to their charge mop
eratiye and unconstitutional laws-laws
that are disgrace abroad and must prove
unpopular at home. Were this law en-
acted, almost every candidate for legisla-
tive honors next fall would have to pledge
himself tc the people in favor Of an I'M
conditional repeal OF such law
No law for the relief Of farm mort
gagors can be approved by the people ex-
cent one to make the railroads secure the
mortgagors against loss according TO the
original bargain. The plea that the rail-
roads will increase their carrying rates equal
to any amount Of tax to relieve the mort
oaoors is erroneous; the railroads now tax
freights all they dare, only limiting their
rates as compelled BY competition with
Illinois roads aud the rivers and lakes
They would charge no higher rates were
the legislature to compel them to bear this
farm mortgage debt, for they always charge
ali they can get and never pay any debit
unless compelled to. It would merely d.
minish their profits, just as any man
profits are diminished By paying bis honest
debts according TO contract. The railroad
companies are the fathers Of these railroad
mortgage debts, and got the money and
used it. Now let them disgorge like other
debtors baye to. Such are our views Of
these issues; we know not nor do we care
- 60 -, a =, hers ara voting