Daily Nashville patriot. [volume] (Nashville, Tenn.) 1860-1862, 1861-12-20

journed. enacted Law Greg ulating lsdicial
proceedings which msy be Of interest to
some of our readers. We have not seen the
whole Law, but find an abstract of it in the
Columbus (Ga.) Ehqnrer. The first and
most material provision fixes and regulates
the rights of creditors By it, every person
who had at the time of the passage of the
act, the 10th day Of December instant. a
Judgment, or who shall hereafter obtain one,
has lien on all the property of his debtor
subject to execution, except crops and such
property as is consumable inits use, including
all descriptions OF live stock. The lien is
subject to be removed, in several ways. But
The most material oneis, by the debtor pro-
curing two sureties, to be approved by the
Judge of the cour. in which the judgment
was rendered, 10 confess judgment with him
for the amount due by such debtor, of prin-
cipal, interest, etc. Though The plaintiff
gets his judgment, hecan get no trtcutiOn, er.
css fer the costs and interest, until twelve
months after the dsts of the ratification of
treaty Of peace between our own and the
Federal States, unless the Judgment be ren-
deged on an attachment, or the debtor be a.
bout to remove or fraudulentIy dispose of
his property on which the lien lies; in which
last cases, he must make oath Of the facts
and give the saIac baGd and be subject to
the same penalties es If he bad sued out an
attachment
All executions noz in the hands OF the
Sheriff or other officer, arc good and enfores
L. ~. SI,a1
for the principal. Bat if the plaintiff neg
iects or refuses TO direct the Sheriff to take
current bank uotes. or Confederate or State
Treasury notes at their par raluc, be loses
all right to collect cent. ssl
The Judgment entry must show, separately
the amount due for principal and for inter
est. If, however, the defendant proves that
before the commencement of the suit, he
rendered 10 the creditor the principal and in
terest in current bank notes or Confederate
or State Treasury notes, and the plaintiff re-.
fused to take them at their par value, the
court must continue the cause for three
terms, aud when the Judgment is rendered.
must tax the plaintiff with all the costs.
No 18th Section note can be put in suit un-
I'll after the war, unless the trustees of the
township direct it, or a surety for the debt
require il, if the debtor pay annually on or
by the frat of March the interest accruing.
!. No judgment can be rendered Except in
attachment cases commenced before the pass
age Of the act) against any volunteer in &C
tual service, SO long as he continues in such
service, except in favor of the surety or in.
dorser of such volunteer, who has paid the
debt since he volunteered. t4 I g..eI
{ If any person, who owes any open account
or unliquidated demand, shall refuse for
thirty days after request, to give his note
for the same, and the plaintiff shall sue him
omit and recover the amount he requested
him to give his note for, itdeprives fhe de-
PENDANT of all the benefit of the act and the
court shall direct the execution TO issue
without stay or delay. lss so
: Whenever the defendant pays the interest
on Judgment in conformity to the forego-
ing provisions, and shall afterwards neglect
to pay that which accrues during twelve
months following the last payment, the plain
tiff can get ont execution for it, and so on
fOE tHc duuuiily oCCtuiiS iutchCoe. Nv Pio- 4
perry can be sold under a mortgage or deed
of trust to secure the payment of a.debt, I'M
til twelve months after peace, unless the
mortgages has possession of il. $50 II
No Sheriff or other officer can be held liza |
BILE for any damages over and above the
principal, interest and costs due on an exc |
cution IN his hands, by reason of his having |
failed to make the money since The LIST Of a |
pril. 1861. The trial term of all cases, as
heretofore, is the second term after the suit |
has been brought. zsets tas aase I'd |
The statute of liinitstions is suspended |
until twelve months after the war, so that |
the time -elepsiags during such suspension
shall not be computed ID adT--a
After execution has issued for the interest
and coets, the defendant may stay it until
the succeeding term of The court, by a sug-
ges.ion az to she illsgality and giving bond
10 double the amount. - esq . i
The Sodh Carolini4n was informed by sew
--.,...o-- from, fybzrIastosf- that tho