The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1868-07-22

against the defendant when the exemp.
ton law was passed, and it was held
that the law was constitutional even as
against the executions which had been
issued previous 10. that time in one OF tho
courts Of the State Of New York.
In the abstract made~by the reporter
of Judge Dcnio's opiniol$ft Is held -
First. The Act excmp,ing certain
property from levy and sale on exccu-
tion (statutcs 1912, page l93), applies
TO Judgements and executions on debts
contracted before as well as otter it's
passage. Second. This Ac, merely
modiIics tho remedy for enforcing con-
tracts, and neither destroys it or sub.
stantially impairs is efficiency. There
fore it does not conflict with the provis.
ions oflhe Constitution Of The United
States, forbidding any State to pass a
law 'impairng the obligation of con-
tracts" and is valid.
In the case Of Bgelow vs.. Pritchard,
Judge Putnam delivering tho opinion OF
the Supreme Court Of Massachusetts,,
SAID that the Legislature might lawfully
diminish the creditors remedy to enforce
payment, by excmpting part Of the
property Of the debtor from attach,
ment, or mesne process, Or levy, or oxc-
cutfon.
Judge Woodbury., in The case of the
Planters Bank vs.. Sharp, Howard,
page 3ol-33o, in delivering the opinion
Of the Supreme Court. OF the United
States, enumerated laws cxcmptng
tools or household goods from seizure,
among the examples Of legislation re-.
specting tho remedy which might be
constitutionally applied to casting con-
tracts.
In the case of Rockwell vs. HubbcIl,
Douglass, 1917, Supreme, Court Of Mchi.
gan, is held "that property may be cx-
cmpted from execution for debts con.
tracted before the law Of exemption was
enacted" Similar decisions will ho
found in the Supreme Courts Of other
States Of the Union.
In 3 Parsons on Contracts, p. $50,
after review Of the many cases decided
in different States, he says: cat the
same time, however, it. is admitted
that State may make partial exemp-
tions Of property, as of furniture, food,
apparel, or euen q homestcaa."' Again,
on the same page, he says: III it is to.
be observed that as to the remedy there
can be no difference between debt ex-
isting before, and one contracted after
the law is made. sc. - -
The provisions, therefore, Of the new
Constitution, securing a homestead and
certain articles Of property for the benefit
of each family, is sanctioned by the
highest authority in New York, Mich.
gan, Massachusetts and other States, as
well as by legal writer's of eminent abili.
ty; and there is no reasonable doubt
that any law which may be passed by
you, to carry into effect The humane in.
tentions of tile homestead exemption,
will DO sanctioned by the Court of this
State and of the United States:
But even were Tho question doubtful,
under The theory OF the Reconstruction
Acts, that the late Confederate States
arc out Of the Union, and beyond the
operation ofthc Constitution Of the Uni.
ted States, the. adoption Of this provision
prior to the admission of South Carolina,
would still be strictly valid, on the
ground taken by The Supreme Court of
the United States-namely, that State
laws. passed prior to 1889, impairing the
obligation Of contracts, were valid, mas.
much as the Constitution had not, pre-
vlous TO that time, exercised any re-
straining Influence upon the States.
The Indebtedness Of very many Of tho
best citizens of the State, the dcstruc-
ton, os property, and the. general disas.
tcrs that have ensped, render the Home.
stead Act and its accompanying cxcmp,
ton, indispensable, to the peace and hap.
pincss Of thousands OF families within the
limits Of South Carolina and no moro
generous or acceptable statute can be
passed by tic General Assembly, than
that that whicshP. hicshP, will at once apply the bone
fits Of this. law to all enisting, 40 well as
future liabilities, whether thoy be in the
nature Of Judgments, oxecutious Or
otherwise. ="
~ Further measures OF relief from the
pressure Of Indebtedness will bc requir-
ed and inasmuch as the courts arc to
'be,reorganIzed, and new duties to be
assigned to the Shcrffs, it would be wise
to allow the present crop to be gathered
and marketed before claims are permits
ted to be enforced ''3 q ''. n,I,
7 ], therefore, recommend that all Sl,er.
iffs be prohibited from enforcing execn-
tlonSin their Offices, upon debts con-
-tractcl prior to The first day of May,
1865 ant, that Judges be likewise, re-
strained, until tie, first day Of March,
1899, from giving Judgment in all such
4. 1-r#si+
ENlGRATIoN. ~ "p
The General Assembly, by, Act approved
20th DECEMBER, 1860, created O. Bureau OF
Emigration, aid appropriated lilo sum Of
SIC, 900, from The Contingent hFGnd .of Tie
Executive, Department t6 DO expended I'm.
derathe direolion,og tie Goyetnors JohniA.
Wagener Esq, waqssf " opp pointed, Cpnmission3
@ Sp thS S$5h IS Febrgsrys A87 a ss