The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-07
CHAPTER 4S-BAsrARpl.

All the sections in chapter 80 of the CgIsof
1871, except 1893 are la substauc. re-euac-
ted. Z l2S3-l2s7. But there are additional See
tons Which make the law effective.
When the defendant has been bound over
by the Justice, and the issue found against him.
the Circuit Court may require him TO enter
into bond of not more than one thousand doI-
lars, with security conditioned 10 pay ii cer-
tain sum each year for ten years 10 supper.
and educate the.chiId; and the defendant may
/ be committed to Jail ami dealt with AS other
convicts, until the bond is given. l2s~
The bond is to be filed and recorded. anil II
the sum directed is not paid promptly each
year. execution shall be issued thereon Ii con b
judgment. 1850
/ If the child dies or if the fatherauI mother
shall marry, the bond shall be cancelled.
I 1920
/ After the defendant has remained in jain six
months on failure to give the bond required.
he may be discharged by order Of the Circuit
Court, or Judge, upon such terms as may De
prescribed. . 1921.
/ For the want Of specific provisions taen-
force the purpose intended, the law upon This
subject heretofore existing iu this State has
! been practically a dead letter
! The constitutiouality of statufeau,harfz-
/ ing the defendant to be imprisoned in default
/ of giving the bond required for She support
and education of the child, has been sustained
/ by the Supreme Court Of Alabama
The Code goes into effect NovemLarl To
case the law should be violated before that
+ time, and the child born afterwards. whether
the new provisions Of this statute woudapp
or whether they would be considered IN pest
/ = o.
decided,
/ CHAPTER 49-PREvENTIoN OF FRAUDS AND
PEEJURIE-.
The whole Of chapter go of the Code of 1871
/ is retained without change, except that The
word writing is substituted for "lecd iu
each instance; and where the words recorded
is used, the words filled for record appear ia
stead. Z lZ92-l29S
The following are new sections:
"a conveyance or other writing absolute on
its face where the maker parts with the pos
session of the property conveyed by TO- shall
not be proved at the instance Of any 81 the
parties by parol evidence TO be a mortgage
only, unless fraud in its procurement is The
issue to be tried" 1899
IF any person shall transact business ag "a
trader, or otherwise. with the addition of the
words agent, factor, "aud company or
and Co." or like words, and fail 10 disclose
the name OF MS principal or partner, by II -I1u
IN letters easy to be read, placed usDlcu0u--
ly at the house where such business - trans
acted, or, If any person shall transact business
IN his own name without any such addition,
al the property, stock money and chooses fiji
acton used or acquired IN such business shall,
az to the creditors ofany such person be liza
bic for his debts, and be- in AL respects, treat
ed IN favor Of his creditors his property.
1900.
1t is especially important TO note the change
made by Z 1893 Of the New Code above quoted
in reference to an absolute deed given a.
mortgage or security. 1t is the custom with
great many people in the State in borrowing
money or securing debts to give an absolute
deed to their property, toften many Zines
greater in value than the amount Of the debit
with the verbal understanding that the prop
erty is to be reconveyed on payment Of the
debt Heretofore the law has enforced such
understanding or agreement, though estab-
lished by parol proof.
But after the Code goes into effect such will
not be the case, unless the absolute deed il
procured by fraud. II this law is not well
understood, persons are likely TO be imposed
upon. No matter how small the debt intend
ed to be secured, as compared with the value
Of the property, if an absoldte deed is given
and the possession of the property delivered,
1t can never be shown, except by writing,
that the property was to be reconveved
to the owner on payment of the debt or com
pliance with the condition agreed upon.
The section is not restricted to land. but in
terms applies to all kinds Of property.
In securing a debt or the performance Of
any condition, it is best 10 execute trust
Iced or mortgage; but, if an absolute deed is
given as security written agreement should
ha !.
ng fully the understanding between the par
les. L. BRAME.
July 7th, 1880
ITO he confipuad