Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-02-15

The bill was read the second time.
| Mr.. PEBBLES offered the following amendment,
as additional section
| 9 Be further enacted That no deed of trust or
mortgage for real or personal estate, made, signed
or registered during the next twelve months sue
ceeding the ratification of this act, shall be valid
at law to pass any property as against creditors,
or purchasers for valuable consideration from
the donor, bargalnor or mortgagor."
Mr.. McNair moved that the bill be printed and
made the special order for Thursday next, at ~
| O'Clock, III.
! This motion subsequently modified Cat Mr.
| Durham's instance) as to fix the hour of IL A.
biz, ' ''''''' -' ~ '-'' ''i'i'''' "'l0" u '"e
Messrs. Dargan, Boyd, Everett, Guess, and
! others opposed this motion.
Mr.. Mckay said he had examined the bill care
| fully and was IN favor of it. He thought, how
ever, that no provision had been made in the case
of small Judgments issued by Justices of the pnace
and now in the hands of constables. Relief was
| needed in this particular, and he would suggest
reference of the bill for half hour, with view to
| amendment, if these cases were not already am
braced in the bill
| Mr.. Waugh entertained like views with regard
| to small judgments in the hands Of constables-
HIS constituents needed relief from these more
than all others. II these cases were not provided
Tor ne would vote against the bill, though friend
| of relief.
Mr.. Dargan stated that the provisions of the
| bill extended ample relief in this instance.
The motion to postpone was rejected, yeas 25,
nays 70.
The question recurring on the amendment Of
!
Mr.. Waugh opposed the amendment and all
! amendment.
Mr.. PEBBLES deprecated the disposition eyinced
by friends of the bill to prevent amendment
| Every stay law stood, he said, by the sufferance
OF creditors, and their rights should not be left
wholly without protection. He cited the opinion
OF Judge Story IN the premises, adding that.
| snould the bill paes without amendment, appeal
| after appeal would be taken to the Supreme Court
ana every barrier to the collection of debts woald
| be swept away.
MIR. Whitfield favored the bill and opposed the
amendment.
| Mr.. Perry, of Carteret, was opposed to the biz
| as 1t stood. The Senate had stricken out the DR.
vision requiring debtors to make oath at :
| Spring Term, that they could not raise the %
| required by the existing Stay Law without, ent
GUS sacrifice of property. With this prov run
could have supported the bill. The bib . sion Q
was alike regardless of the rights of ey 1t stoo
| the obligation of debtors ,dltors an
Mr.. Baker was in favor of Eehef n
unwilling to ignore the rights OF deDtors, pI
feared the relief proposed by this creditors. d
delusion and snare. bill would prov
The question recurring the ,.
| iected, yeas 81, maya Ca amendment was r.
The following amendtaey .
was adopted It offered byiMr Bryso
ments granted on d. Itlons on Justices judi
1st 1865. already re- Dts contracted prior to Ms
| twelve months frors Idered sh al be stayed f
| this act. tine GATE OF the ratlhcatlon
msnt ' nu'0oaaa~ nyofered the following amen