The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-05-26
'The stay Law.

The stay Lnw. -'<-Se47 .as.'
The court. OF highest judicial all
thority in this State, composed of all
the judges, has decided that tire law
commonly known as the Stay Law is
Unconstitutional, and therefore nope
rative and void. :
The first section of the Act for the
relief OF debtors is in these words:
cit shall not be lawful for any officer
Of this State to serve or execute any
7nesne OF final process of any of the
courts OF this State for the collection
of money, until after the expiration
OF the first session of the next Gene
raj Assembly of this State, except in
cases provided for in the second sec
ton of this Act, and except process
for military fines
Section fifth suspends -'the opera
ton Of the Statute of Limitations
during tho period in which this Act
is i" force, so fan as applicable to
causes of action coming within the
meaning of this Act. "-(Sce Statutes
Mt Large for 1861, pages -19)
This statute was continued by seve-
raj successive Acts OF the General
Assembly to December. 1860, when it
WAS continued 10y an Act to amend
the Stay Law. -(See Acts A.,
BY an Ordinance of the Conven-
ton of the State, bearing date 9th
September, 1865, ''to declare in force
the Constitution and laws heretofore
in force in this State" &c, it is de-
clared by the third section that all
Acts and resolutions of the General
Assembly Of this State which have
been passed, adopted or ratified since
the nineteenth day of December, in
the year of our Lord ono thousand
eight hundred and sixty aforesaid"
reference having been made to this
date IN previous sections, "are now
IN force, and shall SO continue until
altered, modified, repealed or avoided
by proper State authority, except
such as have expired by their own
limitation, or by reason of the cessa-
ton Of the causes which occasioncd
the cllactment; not, Aorere,., incl,,i-
eng "iMim tbs erceltioa tie .ic Of
lsSe",hty 7"'ohibitiny Ule crHe,1iom Of
"etts "s"th.u h"o'r" rs Me stay L,w. "
There is thus presented together
/. the action Of the Legislature and of
the Convention, and the results of
the cases argued before the Court of
Errors. IN Columbia. d;.ring this
month.
1t is very desirable that the opinion
of the Court of Errors should be
published, rs there is already 4 dit-
ference Of opinion amongst LAWYERS
as to what may be the effect OF the
. decisions us to the operation of the
Statute OF Limitations, the language
of which has been uu ted. -iS it is :,
question Of vast Importance which
has been decided, II ought to hc made
known. It conld then be seen what
were the views of the Court, and the
reasoning N support of those views:
and TINS might have IL powerful effect
In uuletlng any excitement which
officious and designing men might
attempt to raise. 1t would be seen.
without doubt, that the action OF the
/ Convention was duly considered hv
the Court with reference to the clause
of the ordinance already quoted. as
it regards the Stay Law.
These are matters of Importance to
the people; ana when they are in
formed, and have time to think, they
are Very apt to do right We ought
never to fear to let the people know
what is done in any matter affecting
their rights and interests.
Such are the views of one Who is
interested in the welfare Of the peo-
pie of the State, and who was one. OF
! the members of The
/ CONVENTION.