Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1866-07-20
ABBEvHLE, S: c., FRIDAY JULY 90, 1866.


u. 80 s
the ruling principles Of the case Of Bron-
son vs. Kincle." -. 1
The law Of Illinois prohibiting sale
under execution for less than two.thirds Of
the appraised value was held to be uncon-
stitutioual and void. In Planters Bank
Us. Sharp, 6 How, sol, and again Curran
vs. State Of Arkansas, Is How, $40, these
principles were re~afirmed, In the former
case Mr.. Justice Woodbury. says: "One
of the tests that acontract has been i'm
paired is that its value has by legislation
been diminished. 1t is not, by the pro-
h,bition Of the Constitution, to be i'm
paired at all. This is not question of de.
gree, or manner, or cause, but of encroach.
ing in any respect on its obligation, dis.
peusing with any part of its force" "a. 327.)
In the latter cas- Us How.) the doctrine
is well condensed by Mr.. Justice Curtis
1T by no means follows because law af-
fects only the remedy, that it does not i'm
pair the obligation Of. contract. The oh.
legation Of a contract in the sense in which
these words are used in the Constitution, is
that duty Of performing it which is recog-
nized and enforced by the laws, and If the
law is so changed that the means of legal
ly enforcing this duty are materially impair.
ed, the obligations of the contract no
longer remain the same"
This last case was decided A. D. 1853
and 50 lately as December, 1864, in Haw-
thorne us. Calif Q Wallace, 10, the su-
preme Court Of the United States, bv Mr.
Justice Nelson, took occasion to recognize
and reaffirm "the principle decided in Bron:
son rs. Rincie, and the several subseanen.
cases Of this class" aud held that the A cts
then under consideration so seriously af.
fected the remedy of the mortagagee as to
impair tho obligation of-the mortage con-
tract within the meaning Of the Constitu-
tion and declared them void. g..
It would seem spperfuous to add tha,
this series Of decisions by the Supreme
Court of the United States is conclusive
upon this istribunal in settling the construc
ton of the Constitution upon this subject
But we are not left without the light of in
struction from the adjudications OF on,
sister States. During the war of 1912
when the people Of the country, were great.
ly harrassed in their affairs, the Legisla-
ture Of North Carolina passed an Act stay.
ing execution upon judgments until the FIRST
term Of the Court after February. 1914
upon the defendant giving security, &c
The Supreme Court of North CaroIins
held the Law to be null aud void. as .yiola-
ting the, prohibition of the Constitution
againat impairiug the obligation of con-
tracts. (Crittenden vs. Jones, l, Car; Law
Req, $3.50 That case came under review
before the same tribunal in the case oI
Barnes vs. Barnes, decided June and zAu.
gust term, 1881. The opinion Of the Court
was announced BY Chief Justice Pearson: !:
"The plea, (aays hey, claiming for the de.
PENDANTS the benefit Of what is commonly
called the Stay Law, presents for our deci.
sion the question Of the. constitationslity
Of an Act Of the last session of the Gener:
al Asssmbly,l entitled ian Act 10 provide
against the sacfiaoe Of property; and 70. aus.
pend proceedings in certain, cass,., Our
province is to give judgtnent:on the quss.
stion Of :the Constitutional power Of The
Legislature to pass the statute. :: En- the dis.
ehargsof this; duty we are relieved By the
faet; THAT 8 question of: :.ssoh importance: is
now prevented for The frat time so ass tospnt
upon usthe responsibility ofsmakipg. ade:
Ecisiou on the strength Of our own comic.
tions for We fad that tho line. has been
plainly marked, ID fact, ..sbiszad ont1l By
many previous adiadications, go that X can
be asily;tolIowed ana al. We have. to do
[is:to make an applicationof well establish.
Cd principles" ." Oar opinion Is :. sl,a. 4he
statdts under eonstd deiation, 20 FAR sss il op.
poses t6s Jights of Che: ::pha,ntiaf to. 4 judg.
msntint6is Oon,t aud i5r.. sssealio liopy j
void aud 81 10 eject besasis sia sista
Zion o Hths Conasit tntien 6i sk lnissd
States "a. 1st: i 3 3 M Mshs sscs. q q
|the ssstute .flsasis. 81 pAif
Eiionolas SoinisSsssuts d asliisd tepss
|yGs ds6 s. M d s e 9! q;
Eiiias sss aI So saslats sAa'
|saasas MaMsr g M & So 81 D
s 8 90 sl6nss
snssSk 5ssx s I,sosss
Sss Ssssss sssss q
lSjs 366sk is II g & ssts7
'Isf sss sllu6s lspsls III SSsa S
a1jSbfs5as ssSiis' g =