The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-11-28

i discharge any lien he NAV have OF 9
guirs upon the property or eslste Of the q
fendsnt, b. virlue OF has claim or jud ErleI
No, siri no mischief can result 90 she plai
!, tin By this act, but il only secures the q
PENDANT in a stay Of execution until be q
make the mOney TO pay tue plaintiff, viii,
a he could not nov do if be were g morrow,
sell upon The block every collars worth
. his r5Perty. It would, il thousands Of i
stances, break up the party entirel
and leave the debt partly if not who'll
2 unpaid. WHIST Is 70 be gained BY
policy 50 ruiuous9 7 repeat, sir, that i
worth nothing 10 pass BIZ requiring q
, defendant to give security Tor the deot.
would be cruel mOckery 70 tell q man 10 ri
, and walk when you know that both his lei
. are broken, and he cannot make q step al
it would be an insult 70 the constituent
60 home aud tel him that you have passed
ball for has relief, when yoa know, and I
knows, that be can never, because Of It's Z,
I q'siremeuts, avail himself OF any Of its prt
visions, an for this bill in it's preseT
shape, because il viii secure resi- and sui
stantial relief 70 hundreds and thousands ,
economical, honest ana industrious me
throughout the State, who viii be hopeless
l''fulned without Il, and who would Rers
have needed is aid had it not Been for %
destructive rebellion, which has suspende
their business and exhausted the mean
they bad with which 20 pay their habilitie,
The second section provides that execu
ton shall not be stayed, under this act, Is
sued against executors, administrators, at
torneys, sherids or constablss, upou thes
old debts, where they have actually receive,
the money. This class Of persons, il the
| ever collected the money, il was their 6utl
70 pay il over at once, and they should no
be entitled 10 any relief where they ar
| themselves In the wrong.
The third section provides that no mort
| gage, deed of trust. or other instruments
made 20 secure creditors upon these old
| debts, shall BE- executed or forclosed unit
| the expiration Of three years from the pas
! sage OF this act. No mortgage or deed o
/ trust will be made void, OF the rights Of the
| parties under them changed by this delay
and it cannot, therefore, do any party q
| wrong 10 pass this section Of the bill. There
was not q mortgage or deed Of trust regis
| tered in the STATE before the war that would
not have been executed long since. ami the
Liabilities secured b. them have been dis
| charged, r it had not been that the rebellion
was preeipitated upon the country sud pre-
vented it, either by destroying the proper
~ conveyed, or so impairing It's value that
It would now be ruin5us 70 all .he parties
concerned % execute the deed; aud % ex-
pose 10 sale, at It's present deprecated value,
the remaining remnant, would result, in
most eases, in a wsnton sacrifice Of the inte-
rests Of al parties concerned II a man
was honest enough before The war 90 convey
his whole estate to pay his debts, &c Is, per
haps, no fault Of his ifthe property has been
deprecated in value or wasted since he
conveyed it, and it would % nothing but
right, under the circumstances that sur
round US, to give him time, and not sacrifice
his effects until the business Of the country
is again fully revived and land viii com
mand its real value. The creditor has eve
rything to gain and nothing to lose BY this
section Of the bill, unless ne is vel satisfied
that the property in the deed will pay his
debt, and then he should not be allowed 10
sacrifice Il, especially If there are other
creditors who would be injured BY the sa e.
We should look 70 the rights Of all parties,
and not permit one creditor 10 exhaust d
whole estate TO pay himself, regardless Of
the consequences to others who have equal
equities with himself
The fourth section provides that any real
estate offered for sale under this act, the Of
fcer or party offering to sell il, shall sum
mon three free holders, who shall place up
on such real estate its value in 1860. And
the fifth section provides, that the real es-
tate tbus valued, shall not be sold unless il
brings -fOurths Of the value thus put
upon it, and to be sold upon the premises,
in the presence Of fifty white men over p
years OF age. Il regards it as q matter OF
vital importance 70 the plaintiff, as well as
the defendant, that the debtor class Of
the community should not be driven out Of
their houses and rendered homeless, if 10
h. f1ar1. nd hnu ~.
ence Of fifty men at the sale Indispensable,
for the purpose Of protecting both parties
from accidental sacrifice II you sacrifice
the defendants land, he no longer feels any
interest in the community, but as 8 matter
Of necessity he seeks new home among
strangers for himself aud family What
then becomes Of the plaintiff and the re-
mainder OF his debit Do YOU expect the
defendant 70 q forth and rebuild his fortune
in a new county, and then return aud take
UP the balance Of his outstanding Indebted
ness2 That is not my observation Of shs
doings Of men. Il is a matter, therefore, Of
the deepest concern 20 the interests Of the
creditor, that no debtor should be sold out
Of bis realty, especially at a sacrifice. II
these sections Of the bill do not secure the
defendant in the use Of HIS property, until
he can pay the debt, they viii secure him
y
will in most, it not in all cases, pay his La
bili1es, and he can again begin business
even with the world; but il il is sold without
valuation, or az its present deprecated
value, It viii amount to but little, and leave
the debts unpaid.
The 9th section provides, that all real
estate hereafter sold 10 pay debts, shall be
redeemable in three years, unless the par
ties waive the privilege in writing, Ind the
owner shall have the undisturbed posses
sion Of the land until the time 20 redeem has
expired. l will nottake up the time OF the
senate to make any EXTENDED remarks upon
this section Of the bill II is in substance
the present law, except that itgives another
years time in which 10 redeem. Give the
debtor q certain guarantee that he can re-
main undisubed upon his land, for three
years from the time il is sold, and he will
60 70 work with new hope, new heart, and
new determination to discharge every obi-
CATION upoh il, and secure himself and fam
ily in the unembarraesed possession and
enjoyment Of the tranquil shades Of, per-
haps, the cherished home Of his ohildh0o
with all the early and fond reflections
that cluster around bis native hill, and the
sweet memories Of
''The Old oaken bucket that hangs 10 the won.7
How earnestly he will sweat and toll 70
save his home, and the home If his wife and
children. And his three crops will pay
more than his land viii now bring. There
viii be heart-eheering and substantial relief
in this provision Of this bill.
The 9Th section provides that persoual
property shall be- sold for three f0urths Of
is value. 81 the time Of sale, and II 10 falls
70 sell for that amount. the officer shall re-
tain il in his possession, until it is sold, OF
the debt paid, unless the owner shall give
bond Tor its delivery. The war has eft
the country 90 destitute Of AL kinds OF per-
sonal properly, that IL il comparatively
high in price, and 81 no sacrifice Is liksly 70
grow out Of its sale, this section provides
that Il shall be sold, il iteTill b INK thu e
fourths Of It's value when offered. There
can certainly be no objection 70 this, even
by the creditor himself, IL be has q parti-
Gle Of soul ia him for no MAJ oughtto de-
sire to see his neighbor's property cold az
public sale at any time, but especially uuder
the present coaditiOu Of the country, ualess
it brings three fourths % its cash value.
The 9Th section provides for the punish
meut Of the officer ii he sells property con-
irsry 70 the provisions Of this bin
The 9th section provides for The payment
Of the officer for summouiug the lreeholders.
And the 10th section provides that the free
holders shall make one valuation, aud real
estate shall not be offered for sale between
the first Of March and the Grst Of No
vember. The le.h section IA inserted Ia the
bill tor the express purpose Of protesting
the debtor in the possession OF his land, %
that II he has commenced bis crop, he can
have the opportunity Of maturing it. While
! am willing % protect the creditor In al
the chances and guarantees he has % secure
his debt. ] want 10 offer every encourage
ment and facility that il possible % the
debtor 10 stimulate and encourage him In
his efforts to pay b. And If has the IN
doubted assurance, that he viii not be dis
turbsd 10 crop times, he viii work the hard
sr. and use every ezertlou 70 dischErFe the
liability and save MS property.
The lIih section provides, that real e1tais
NAV be sold under existing laws for the pur-
chsse .aouey, if the purchaser has posses-
sion Of the Land. Real estate is . species Of
property that has not been wasted bv the
var. and II the debtor viii not pay the Bur-
chase money Cor q, be should b. forced %
give Is up % the creditor, who D. clearly en-
silsd b either The one or the other.
The l2th section provides, that this sei
shall not apply % exscutions IN criminal
cases-for taxes-aEaiEst Banks or Corpor,-
tons, Or debts created since the gtais -.
cedea Ia 1881 but that an debts cpe.f..s
since Inst date shall bs subject 10 The Ir,-s
now IN force. itwiil be ssea THAI th;s SIN
is intended 10 protect the people or the
lime being sgainst the payment Of tiioss lis-
bilitiss incurrai bei1re he ~ ~o,f-a-tad
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