Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1866-09-19
From the soat1 carol;niia. of ,he ls@.
Important Or. 8 eDate on The Stay Law.

important Debate on the Stay Law.
After the transaction of the current busi.
ness Yesterday, the House resumed the con-
sideration of the Bill reported from the Spe-
cial Committee to alter and ix the times OF
holding the Courts Of ConiMon Pleas and
Courts Of Equity in this SAFE.
NJ. E1sley supported the Bi of the Spa-
cial Committee going thoroughly over the
grounds of Argument and urging it adop-
ton.
Mr.. Richardson, frcm the Commit on
the Judiciary, read the following which had
b. en- reported by that co,n'nit're and prev
uusy reai the FIRST tune, submitting as amend
mrn,s sections { and s.
SEC. l. That in all suits hereafter brought
in th. Court Of Common Pleas of this State,
under the provisions Of his Act, on causes
Of &c ion originating &c comiructu prior to the
ii ;eenth day Of May, in the j ar OF our Loro
one .hnusand eish; hundred and sixty hive, to
wliic'. 10 appearance or defence is entered.
:, lien shall attach III favor If tie party or
parties sling, upoa all the property. rca! and
personal, cf Tie parties against whom suc!.
action is brought, from and after the last day
or which such appearance or dcience cond
have been entcre.;; but final Judgment shall
not be given in such suits for five yeas, If The
party sued shall pa! the costs, ard annually,
one lilth Of the aggrcs gate Of tie debt and IN
tercSt. -.
SIC. >. That on failure of ii party or par
ties against whom SHch suit is. brought to
pay Annually, as aforesaid. onc-flth OF such
debt ard interest, tl.en final judgment shall
be given at the Court next thereafter en- U.
ing, upon failure OF the defendant to establish
payment us aforesaid. - -,
S.c. ,. That in all suits Brought under
the provisions Of this Act, the plaintiff shall,
at the time Of lodging hi; writ, attach thereto
copy OF his cause Of action, stating the
amount due; and, ut the same tine, shall en-
dorse on his writ ii It his suit is brought un-
der the provisions Of this Act.
Src. l. That in every suit which has al.
ready been commenced on any contract en-
tered Into prior 10 the fifteenth day OF MAY,
in tue year of our Lord one thousand eight
haudrld aud sixty-iive, the plaintiff shall have
the right TO elect 70 proceed under the proVi-
sions of this Act, by serving 4 notice to this
effect upon the defendant, at any time
within days from the ratification Of this
Act, TO which notice shall be attached copy
Of the cause of action, with q statement of the
amount then due, and, at the same time,
fling the original of such notice in the office
OF the Clerk OF the Court Of Common Pleas
for the District in which the defendant re-
sides whcreupon the lien. as provided 70:
in the first section Of this act, shall attach,
and the case be subject TO all the provisions
of the said section: Proridca hotcerer, That
the defendant shall be authorized, within
day from the service Of such notice, TO enter
his appearance, If one be not already entered,
upon which he shall be placed upon the same
footing as is provided in the first section Of
this Act, in reference, to cases where the de-
fen 'ant enters an appearance; and, in any
e where the defendant, shall have already
cred his appearance, he shall have the priv
4ge OF Withdrawing the same, by filing in
the Clerk office q notice 10 that effect on
or before the first day of the term Of the Court
next ensuing toe service OF notice upon him
bY the plaintiff under the provisions of this
section, whereupon the case shall be subject
to the provisions of the said first section.
SEC. ). That the Clerk shall keep an al
phabe:icai roll Of all liens created under the
provisions OF this Act.
SEC. &. That in all cases brought under
the provisions of this Act, the fees for SER
vices required from tie Clerk and Sheriff
shall be paid in cash by the party requiring
the services, and, according to;the judgment
and order OF the Court may or may not be
recovered from the opposite party
SEC. Z. That to prevent unt.ir advantage
in cases where the plaintiff shall claim more
than is due, the defendant may on oath be
filed with the Clerk, on or before the first
day Of the Court next ensuing, alter the issu-
ing Of the plaintiffs writ, object to any part
Of the plaintiffs claim, or may set up any dis
count or set-off, and thereupon an issue may
be made and tried rs in other cases not with
in this statute; aud the defendant shall not.
thereby be in anJ wise deprived Of the proVi
eo1s of this Act, in respect of 50 much Of the
plaintiffs claim as he shall not make defence
to. The issue aforesaid, as to discount Ut
set-of, shall be triablc at the said term Of the
said Court.
SEC. 8. That in case the defendant in any
suit brought under the provisions Of this Act,
after the lien aforesaid shall attach, shall be
about to, or shall attempt 20 dispose of his
property to the prejudice of the plaintiffs
rights, upon AFFIDAVIT to this effect made by
the plaintiff or his attorney, and upon salts
factory proof submitted before the Clerk Of
the Court or the District Judge, the said
Clerk or Judge may grant an order requiring
the defendant to give bond and security to the
Sheriff of the District in double the sum sued
on, conditioned to pay the claims of the
plaintiff, and in default of such hond the
Sheriff shall seize and hold the property of
such defendant, subject to the liens which
have attached npon the same.
Us. RICHARDSON, JR.,
For Judiciary~Coal.
Mr. ]. S. Richardson said Mr. -Spea;c-,
the subject before the House is one Of 5scp
and absorbing interest to all GASES of the
rcop!e. The eyes CT the entire State are
looking with anxious concern to our legisla-
ton With many, the action which ne shall
tal:e must be vital one. There ere those,
who feal that if they are required nov to pay
what they Owe, i. mist take from their wives
and children the little all that has been left
them in the storm OF war which has passed
over our land.
There are those, too, once surrounded with
The comforts and conveniencies OF life, repo.
sing in peace and qniet in the bosom of their
own homes, with their happy and contented
families around them-the fond mother and
fair daughters, delicate and. accomplished
women, not only unused to- toll, but knowing
no want which the husbands and fathers
means did not supply, who now can call no
place home-and whose wife and daughters
are already driven to the drudgery of house
hold labos-ah. even farther, to toll and want,
because the debtor holds the once happy
homestead with All its comforts and pleasures,
and the i.thcr holds only the debtors prom
Use to par. These and the picture is no fancy
81 eth drawn from few isolated instances