Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1868-12-22
ALABAMA DEBTS-P PROFESSION
AND PRACTICE.

AND FNASlINbs
On the 18th inst. the Alabama
Legislature passed a bill, which has
been approved by the Governor, &c
which the Montgomery AdrertiscJ
gives the title of "an act to enable
debtors to plead the statute Of
limitations" 1t is an act TO en-
courage general Reputation Of
private debts. Congress assumed
that the President is in favor Of re.
pudiating the public debt, and then
adopted a resolution censuring him
for entertaining such doctrine. Here
is Radical Legislature encourag-
ing the reputation of private
debts, which are as sacred as the
public debt. While the Radicals in
Congress are making a great
flourish about the patriotism in
volved in the payment of the pub
lie debt, the Radicals in the Ala
bama legislature have opened the
food gates to a wholesale repudia-
ton of private debts. The follow
ing is the law as passed by the Ala
bama Legislature and approved by
the Governor:
An act to declare void certain judgments and TO
grant new trials in certain cases therein mem
toned.
Section l. Be it enacted by the Gems
eral Assembly Of Alabama, That IN all
cases wherein judgments have been ren~
dered on penal statutes, where the object
was declared in the statute to assist IN
carving on the war against the United
States. such judgments be and the same
are hereby declared imperative.
Sec. 2. That in all cases where Judg-
ments or DEGREES have been rendered
since the lst day Of January, 1865, TO this
date the party against whom such judy
mepts or DEGREES have been obtained shall
he entitled to a new trial npOn affidavit
showing a meritoriouS defense; Provided,
tho court shall be satisfied from all the
facts that may be submitted by both par
tics that a good and meritorious defence
exists; and, provided, application shall
he made within twelve months from the
massage of this act that all the judg
ments rendered in any OF the courts Of
this State, against defendants when the
consideration was for the purchase money
or hire of slave OF slaves, are hereby
declared null and void.
Sec. 3. Belt further enacted, That in
all cases where judgments or DEGREES for
money have been rendered by any Of the
courts ofthis State prior to the 18th day
Of Nav. A d. 1865, the defendants or
any one of them, shall be entitled to have
thesame opened and new trial granted
on application 10 the judge Of the court
having jurisdiction, in term time or IN
vacation.
Sec. 4. Be it further enacted, That if
any Judgment or decree has been rem.
deTed against the defendant by default,
anterior TO the 25th day of May, 1868,
sncb Judgment or decree shall be and Is
hereby declared null and void,
Sec. ). Belt further enacted, That any
Judgment or decree rendered since the
25th day Of May, 1863. when the orIgi-
nal cause Of action originated priorto that
date, such judgment or decree shall be
opened on application as hereinbetore
provided, accompanied with an affidavit
that such cause of action did originate
prior to the 25th day Of May, 1860.
Sec. G. Belt further enacted, That on
all new trials Of causes originating under
the provisions of this act, the defendant
shall be entitled torall the rights he
would have had, il no suit had been pre-
viously commenced.
Sec. Z. Be it further enacted, That
sections 9S76 and 2S77 OF the Code, and
all laws or PARIS of laws conflicting with
The provisions Of -fhis act be, and the
same are hereby repealed.