The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1866-11-03
The Relief Measures of the I4egis.
Iarmrae.
Numerous nnonnsitions wore bal.


Iature.
Numerous propositions were made |
In the Legislature for the purpose of
giving temporary relief to debtors and
preventing the sacrifice of property
under execution sales. All the bills
and resolutions on this subject were
referred to a select committee COM
posed of the ablelst awyers and best
men ofthe Legislature, and after ma
ture consideration a series Of bills
were reported that it was believed
were constitutional, and would give
the people the relief necessary in the
present emergency. These measures
may be briefly stated as follows: APP
peals and writs Of errors were allowed
to the High Court and supersedeaS
granted on judgments already render
ed, upon the defendant giving bond
for costs only; injunctions were
granted in chancery cases without
requiring bond or affidavit; and on
judgments hereafter to be rendered
the plaintiff was allowed to collect by
execution twenty per cent. annu-
ally, Of the amount of the Judgment.
None OF these acts were to apply to
any debt contracted since the first day
of June, 1865 They were intended
to embrace only contracts made before
and during the war, leaving the obi
/ cations of the last eighteen months
to be collected N the ordinary manner.
We are thus particular in stating
what the Legislature did, as their
action hos boon miScOnoUI o,-l. aud
occasioned several very unjust and
disingenious criticisms from our CO.
temporaries Of the Press. These bills
/ passed both Houses by very decided
majorities. The act allowing APP
peals and writs of error without
bond, except for costs, has been
! approved and Is now law. The act
allowing iniunctions in certain cases
without bond, was not considered by
! the Governor for want Of time, and
the act to regulate process allowing
the plaintiff to collect annually twenty
five per cent. Of his judgment, as oul
readers are aware, received the EXecu
tive veto. None of these laws pro
pose to interfere with the creditor il
obtaining his judgment, the lien on the
property of the debtor is fully protect
ed, while time is given the defendant
which would enable a large number OF
those who are embarrassed but not
wholly insolyent, to pay their debts
and at the same time save their prop
ertv from sacrifice at execution sales
/ Few except those who are interested
in the collection Of old debts either as
plaintiff or attorneys but regard some
such legislation as just, equitable, ant
really necessary in the present condi
ton of the country,
The unexampled losses Of the peo
pie during the war, the failure Of the
present crop, the scarcity of money
the absolute certainty that all kinds OF
property at Sherif1s sales will be sac
rifced, appeal strongly to the Legis
lature for some interposition. Of The
three bills proposed, there is but one
that in reference to executions, abou
which there is any doubt as to consti
tutionality. Many of the best lawyers
in the State are satisfied on this ques
ton and believe that if passed, it vii
yntTng on TINS SUBJECT as the speed
Of Mr.. Simrall Of the House Of Rep
resentatives,
When the Legislature meets in Jan.
uary one of the first questions for it.
consideration, will be whether the bill
shall become a law, notwithstanding
the Executive veto. If the people
desire the bill passed, let them so in
struct their members.
There is ample time for this to be
done, and for Senators and Represen-
tatiyes to ascertain the wishes Of their
constituents.