Birmingham age-herald., 1895-07-29
THE LAW OPENLY VIOLATED

crine!!@ .cedure in Gar
 N shments.
 During the past month, so an Age Herald reporter has learned, there has been an unusual activity on the part of certain persons in suing out garnish- .nents against laborers in this city and suburbs, especially against the Louis- vile and Nashville and other railroads.
 Deeming the information worthy of more than passing notice. the reporter decided to make an investigation, and the results ascertained were so start ling that they would hardly be given credence by many fair minded persons.
 Hundreds of garnishments have been issued, and some of them so fragrant a violation of the law that a thorough in- vestigation by those whose duty it is to do so should immediately be made. It was learned, and on reliable authority, that many of the garnshments had been bolstered so as to bring them within the pale of the law regulating proceed ings in garnishments in Jefferson county.
 
 is that of adding attorneys fees where the sum sued for was not sufficient to be admissible under the law referred to. On investigation it was learned that this was not according to law, i. e., the adding of attorneys fees, inasmuch as the fee had not been earned until after the suit had been gained. But this was not the worst thing discovered A writ of gar- ttiS ba Gaplxp1 a pf. information wherein the amount sued for was the paltry sum of 15 cents. This was astonishing to him, and thinking the per son who had sued for the amount, and perhaps others who had been pushing claims in like manner were ignorant of the law on that point, secured a copy of the 1s94-95 code, and finding the act relative to this particular procedure. copied it and finds that it reads as fol- lows:
 To regulate proceedings in garnishment
 cases in Jefferson county.
 Section l. Be it enacted by the general assembly of Alabama, That before any writ of garnishment can be issued by any justice of the peace or notary public. ex-oflieio justice of the peace. in Jefferson county, Alabama, the plaintiff must make  quired by law, that the demand or debt due to the defendant which the plaintiff seeks to condemn is not exempt to said defendant, or that the demand or debt sued on is for necessary articles of com fort and support furnished the defendant or his family, and which were suitable to the degree and condition in life of the defendant or his family, and for noth- ing else.
 Sec. 2. That any writ of garnishment 1gi act shall be void, and the officer issuing the same shall, on conviction, be fined not less than $20 nor more than $lO0, ana such violation of this act shall be stfil- cient cause for his impeachment and re- moval from office, and that any justice of the peace who shall wilfully violate any of the provisions of this act shall be guilty of misdemeanor and shall be liable on his official bond for any dam ages resulting to any defendant for such violation.
 Sec. 8 That no more costs than dam- ages shall be recovered by the plaintiff of the defendant; provided, that In no garnishment suit before justice or the peace shall the costs exceed the sum or $2 50, to be divided among those entitled to the same, as follows: Justices costs: Issuing summons and complaint, aO cents; issuing writ of garnishment, 20 cents; issuing garnishment, affidavit ana bond 50 cents. Constables costs: SeFV- ing summons and complaint, 70 cents, serving writ of garnishment, 20 cents. GarniShment fees: For ansWeilnS sdt- nishment, 25 cents.
 Sec A. That in cases where the plaintiff is a nonresident of the county, his agent or attorney may make the aih- davit necessary to obtain such wrlt or garnishment.
 Sec. 5. That any officer who issues any garnishment without requiring and talk ing bond shall, on conviction, be 1ned not less than s20 nor more than $l0o-
 Sec G. That no writ of garnishment shall be isued in any case wherein the justice of the peace or, notary pubic, ex -ofIicio justice of the peace, issuing the writ of garnishment has agreed with the plaintiff or his agent that the plain tiff will not be required to pay costs. m the event that the costs cannot be made out of the defendant, nor in any case where the justice of the peace is to be allowed a commission or fee for collect ing the debt sued for, nor in any case where the attorney for the plaintin or the law partner of the attorney for the plaintiff Is a justice of the peace or mo- tary public ex-officio justice of the peace, in said county.
 Sec. T. That it shall be unlawful to tax the defendant with the costs in any garnishment proceedings when the plain tiff fails to obtain judgment against the garnishee.
 Sec 8. That no garnishment shall issue on any claim which is less than $5-
 Sec. g. That an act to regulate the is- sue of garnishments and proceedings therein in the counties of Jefferson, Dal- las, Calhoun, Escambia and Cleburne, approved February 21. 1893 be, and the same is repealed so far as it relates to or operates in Jefferson county. Ap- proved February 8, 1895.
 A Big Sunday Blaze.
 New York, July 2s.-Fire early this morning almost completely wrecked the fve-story building at Nos. 2S and 30 West