Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1865-12-21

An act entitled an act to modifythe Collection
Laws OF this State.

An set entitled an act % modlfyt the Collection
Laws OF this State.
SECTION 1. Belt enacted 5y the Legis-
IdtUre Of the State Of Mississippi That
all laws for the collection Of debts on
bonds, promissory notes, bills OF eA-
change, open accounts, or any other con-
tract OF liability for the payment Of
money. are hereby suspended until the
first day Of January i'm the year llS0o)
eighteen hundred and sixty eight or
until otherwise ordered by law except IN
cases Of official liabilities, and proti-
9ed. that no creditor shall be deprived OF
his remedy bv attachment or distress, as
now provided by law, prOUided that the
nroyiso of that act shall be so construed
rs fo prevent guardians from collecting
surh barts Of debts due their wards as the
Probate Court having jurisdiction of the
same, may determine to be necessary to
the support and education of such wards.
SEC. ,. Be q further enacted, Thatthis
act shall not apply 10 parties, who have
cases now pending in the courts, and VINO
agrees in open court 10 proceed 70 trial.
SEC. 3. Be Il further enacted, That no
execution or UeRditionf erp0RGs, founded
upon any Judgment or decree, obtained
previous TO the passage of thisact, orupon
any Judgment Hereafter rendered in pur-
suauce Of section two Of this act, shall be
issued for the sale ofproperty until the
time aforesaid, nor shall there be any
sales under execution or wl1ts of Ue7ldi-
toni crDOnGs now issued or levied.
SEC. l. Be II further enacted, That
this law shall not be construed to dis
charge the lien which has already been
acquired by due process of law, nor shall
the time during which this law is in
force be con puted in any case, where the
statute elimination comes in question.
SEC. 5 Be 1t further enacted, That
this act shall not apply 10 contracts or
liabilities made and entered into after its
passage, PrOuidcd such contracts and
liabilities are not founded on indebted
ness existing prior to the passage Of this
act, nor shall this act apply to debts due
% the school funds of the several town
ships and counties in this State.
SEQ. t. Bet further enacted. That the
provisions Of this act shall apply to judg-
ments in detinue and trover, or other
Judgment for the recovery Of money,
DEGREES, in any courts Of equity, general
OF special, where the judgment OF decree
is in the alternative, for the property or
its value, or for the recovery OF damages,
and no sheriff or other officers, shall exc
cute the same, further, than the seizing
and delivery specific property, and any
officer who shall violate any Of the pro-
visions of this act, shall be deemed a
tresspasser, and shall be liable to the
party aggrieved thereby in double dam
ages, TO be recovered before any court
having jurisdiction thereof, and shall be
liable TO indictment for malfeasance in
Office. and, on conviction thereof, shall
be fined in sum not exceeding five
hundred dollars, and be imprisoned in
the county jail at the discretion Of the
court.
SEC. Z. Be Il ! further enacted, That all
acts and parts Of acts coming in conflict
with any Of the provisions Of this act be
and the same are hereby repealed, and
that this act he in force from and after
its passage.