Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1866-07-20

but is Ia effsct a denial Of all rcmedy toi
tho time specified. II il, therefore, clear,
" within the principles above stated, and
come, within tie prohibition OF the Con-
s,;,n,;on of the United States."
Wills preparing thtsopiuion, a Mont
oomsrv newspaper furnishes tho; report o.
q decision made. a few days since By the
Supreme Court Of Alabama-Ezparfe q
F.Poland and Ezparse N. L. Woods.
It appears that iu Alabama, as in South
Carolina, the Circuit Courts are held at an
interval of about six months. By the for.
mer practice iu Alabama under the regu-
lations of law, rs in South Carolina for
half a aoentury past, no Judgment is regu-
larly entered against the defendant until
the second term. He was thus entitled to
what may be called an inparlance. But,
BY the code adopted in Alabama in 1918,
the proceedings were expedited and judg-
ment might be rendered at the frst or re-
turn term. Tbe.lsw 50 continued .un'
til February, 1855, when the Legislature
passed an Act ITO regulate judicial pro-
ceedings." By one Of the provisions de-
fendant became entitled to what may be
termed q second imparlsnce, and judgment
would be entered at six or twelve mouths,
according to the service Of the writ. Dy
another provision, after judgment, the exc
cution might be superseded By what is
called "a suggestion Of irregularity.' The
Supreme Court consists Of Cbiet Justice
and Two Associates. All united in holding
the law unconstitutional apd void so far as
it stopped Or h:ndered the collection Of mon
ey under the judgments rendered. But
the two Associate Justices thought the
other provision strictly q regulation Of the
remedy-that as the. Code Of 1853 had
taken away the imparlance without any
impeachment of its constitutionali.y. so
the Act of 1885, which gave second i'm.
parlance might be sustained in the same
view. Mr. Justice Byrd. however, who
concursed in this respect with his Associate,
took the occasion to express his condemna-
ton of Stay Lava The Act in question
(says he) is said to be Of that class. Tt is
not so styled By the General Assembly in
the act; and being CO ordinate branch
Of the Government, it is proper to attri
hpte to ils action tho. best motives, and Oh.
jects that could le reasonably presumed ;
and agrees with his Associate that it was
merely regulation of the proceedings.
Chief Justice walker, in a very elaborate
judgment pronounced the entire Act II vi
olation OF the Constitution. He said ttat
the first provision was manifestly "a mere
plan for the delay and postponement OF
the performance OF contracts, and not an
adjustment Of the machinery of the Courts
to the .attainments of fair trial, or to the
security Of JUSTICE lean perceive (adds
he) no ground upon which the convictions
OF tho Legislature as TO the welfare OF the
State or the necessities Of the people Can
enlarge their authority to interfere, through
the manipulation Of the remedy, with the
obligations Of contracts 49,
1t is manifest that the judgment OF the
Alabama Court forms no exception to the
,uobroken current of decisiona. But sure.
ly no doubtful interpretation cab be alle-
.ged against the legislation of South Caro-
lima upon this subject. The General As
sembly said what they meant. 1t Is tliier
habit to do 50. They call things by their
right names. The Act o! 1851 Is entitled
ZAP Act to extend relief to debtors, and to
prevent the sacrifice icf property ut public
sales The subsequent annual enactments
are entitled An Act to continue in force
(the Act Of 1857. But the Act Of 1865
anticipates any misconception, and is enti.
tied, IAN Act to amend the law known as
the Stay Lav.' In the case 6st stated
lTEe State Us. Carew) the obligation of the
bond required the ,obiigor to pay to the OBJ.
ligee. "a, o4l on the lat February, 1851
Tho Act OF December, 1881, precludes'
the debtor from any legal remedy wha.ey-
er"to enforce his demand for.twelve months.
This prohibition is renewed and continued
by successive enact,nents until December,
1906, when the law was so altered as to
allow, the creditor, after three months pre-.
,yions notice to tho debtor. to demand pay.
ment OF ons-ten.h Of his debt on lst Do.
.cember, 1865, and on. .non-paynn,ent be
was allowed to obtain judgment and en-.
force the same for one.teuth of bis debt and
no more. The plain. open aud ayowed
purpose Of tbs General Assembly was not
the regulation Of judicial proceedings, but
modification or uhelioration of the obliQs
ton of the spsrsies--',o extend relief to
debtors--'to prevent the sacrifice oil, prop.
erty at public sales'-termed the STAY
Law By the manifest aud necessary ef.
feet OF the, legislation, the, creditor.is redu.:
ced to the condition in ghich (s, ta. been
elewhere :said shis righss. live bat II, grace;
and Ais remedies in: eptrsaty, oaly.' =.
i may bs thstia great .smerg encies-in
peIiods OF general Ssmbattassmeuts-
extraordinary power Of Interfering for, the
felief.ol the citizen. oughtto have been 70:
servedto Stste Legislatures. ,.....22s:
krsIssps only osinqairs whether this
paEt!salaf matter waa not fully considered
by ths trainers Of thaC Constitution. When
Luther Maltip, 8 delegate from MarylaDnd.
returned 70 his constituents. be VA II on.
posed several psophioni Of the eSpssitn.
tiorf Rlich- had bean 4aaon.AS s.,,,a. as,..s.is