The daily clarion. [volume] (Meridian, Miss.) 1863-1866, 1866-01-03
THE STAY LAW
Decision of Judge Yerger.


William Sadler VS. John j. Wilmington |
Auuilla Bowie VS. Phillip Roberts.
Charles & English vs.. j. Zuber, ct al
Nathaniel Hoggatt VS. Charles }. Hester.
The two first of the above named cases
are suits brought to the present term OF the
court The Writs issued on the 4th and oth
davs of December, 1868 The present is the
return term of the writ.
The third is a suit in this court, III which
| Judgment was rendered against the deIeh-
dants on the 3lst December, 1900
The fourth a suit in this court IN when
I Judgment was rendered against the de1en-
dant on the 14th day of June, 1861.
| The motions submitted to the consldera-
ton of the court, are to dismiss the two hfSt
named cases, because the wr1tS We're sueo
| ont since the passage of the act OF the leSls-
| lature of this State, entitled " an act TO
modify the collection laws of this State,
passed and declared to be III force and effect
from and after the 1st day OF December, !ooo.
| In the other two, it is moved "to direct
the clerk of this court to issue executions
on the Judgment i'll each case, notWithstah-
dinrthe provisions of the two acts, each en-
titled IAN act to modify the collection laws
of this State the first approved 9th OF Au-
gust, 1861, and the other passed lst OF De-
cember, 1868
Each of these acts is declared by the
laws to be in full force and effect from thelr
passage; and are commonly known and cal
led the ''stay laws"
For the determination of these motions, II
, is ONLY necessary to refer TO certain sections,
+ without reciting the whole OF the acts re
, ferred to in detail The two acts III their
: operative clauses are so nearly precisely
similar, that the reasons and prnclples OF
I law which will determine the validity OF
l one, will necessarily apply to ana determine
+I,,, oS I a a nt
The first section OF the act OF 1862 pro
- yides " that all laws for the collection OF
: debts on bonds, promissory notes, blllS OF
4 exchange, open accounts, or any otnef con
- tract or liability for the payment OF money
- are hereby suspended until the first day OF
. January, 1865 OF until Othol@iso ordered 10y
), law, except i'll cases of official liabilities,
= and by prOrisO declares ''that no creditor
- | shall be deprived of his remedy by attach
= ment or distress, as now provided by law,
- and that guardians may collect "snch part'
: Of debts due thelr Wardsi az the fropat'
: Courts having jurisdiction of the same ma!
. determine to be necessary for the education
:. and sunnnrt Of Of 80. s.i.. wards " Ns.1ils
% The third section enacts that no execu
j. ton or yenditiGnai eXponas, founded upOI
= any judgment OF decree obtained preVIOu
d to the passage of this act, or upon any jndg
II meQt hereafter rendered in pursuance o
section two of this act, shall be issued 70
is the sale of property until the time aforesaid
$ nor shall there be any sales under execution
IL writs OF relditioRi erpoNas now issued ant
levied
The fifth section provides that this ac
shall not apply to contracts or hab1l1t1e
of made and entered into after its passage
The sixth section provides that the pro
a. visions of this act shalLapply TO Judgment
he in detinue OF trOveF, or other judgments 10
le recovery of money, decress In any Courts {
Equity, general or special, when the Jud&
le ment or decree is in the alternative for til
Y, property or its value, or for the recovery
ne damages" and that no sheriff shall eNecut
ne the same and that he or any other othc'
at who shall violate any of the provisions {
q, this act shall be trespasSer and liable /
is double damages and also to an lndctmen
and upon conviction, to fine and imprlsol
ct ment.
In support of the argument, it is submi
ted that the acts of 1861 and 1865, are I
pugnant to the Constitution of the State
-s Mississippi and of the United States, and Il
Re that reason should be declared void and i
be operative by this court.
lis 1t is advanced by those who hold the
is laws to be constitutional, that the grant
tie power to the-Legislature to pass them, WI
lal be found in the 18th section of the first a
tie ticle of the constitution of this State. TIL
he section is in these words THAT no pow
To- of sllspending laws shall be exercised, e
ut cept by the Legislature or its authority
is This section would unquestionably co
,p- tain grant of the power claimed II 9th
is provisions of the constitution OF tins Sta
he and of the United States did not Alnlt al
We control it. The Immediate lnducement
the adoption of this provision arose out
lid the history and consequences III England
nv the claim and exercise of suspending laN
Use under Royal prerogatiye, which gave rise
NO disastrous struggles between the Parliamel
on and King, resulting oppressively and dt
he rimentally To the rights of person and pro
all erty. This struggle eliminated i'll the expr
IN sion of James II. from the throne, and t
ed remuneration of the right by his successor
by To mark their disapproval of this claim
irs pTerogatiye, and to prohibit its exercise
he this State, as well as to declare the Leg
of lGtive power, this section was introdpc
OF into the Constitution,
he The exercise of the right given by I'll
on section is to be subordinate to other pI
nd visions of the Constitution of the State III
nv ting and confirming it-or, if there be nol
his in that instrument limiting and controllil
be it, then it is subordinate to the CONSTITUTE
if the United States, which is this, as
ex every other case is the paramount law.
nd / think it will be found upon an eXamiIl
asef ton of the provisions of the Constitutio
es, of this State and o. the United States til
of this power of suspending the Laws by t
or Legislature onlyapplles TO criminal and pen
aid laws, and such civil amp municipal laws
use do notsaffeet the obligation of contracts.
the deny OF delay parties of their itremedi
ed by due course of law, and to have right al
aid Justice administered for an injury do
en- them in their lands, goods, persons or rep
GU tatlons, anu does not sanction aud suSta
OF the power attempted to be exercised by t
tes, Legislature in the passage of this act
ebt The-19th section, article l, Constitution
ur- Mississippi, has this provision: '.The Leg
tor lature shall Pass no bill of attainder, er b.
by fdcto law, no law imparing the obligation
ur- contracts"
ms If these acts, be laws impairing the lob
) of CATIONS of contracts" the general power