The Van Buren press., 1900-01-13

the clerk of the court In which, Of
the justice OF the peace before WHO'LL
the case is pending.
"It was held by our supreme court
in Trader and Wife VS.. Harrison, ~
Ark. IS. that upon the reversal OF a
Judgment dissolving an attachment
the lien of the attachment would be
revived and become operative.
1.-THE practical effect of that rullng
is to cucumber attached property
with a secret lien and tie 1t up from
alienation and encumbrance during
the period mat an appeal is author
lied by law, and the time required TO
prosecute it to a final determination
in the appellate court.
"The law should be so amended as
to require the plaintiff in attachment,
in order to the preservation OF the
lien of the attachment as against sub
sequent purchasers and encumbranc-
ers, to pray an appeal from a Judg-
ment of dissolution within thirty days
and to file certificate thereof with
the recorder of the county in which
the attached property is situated, IN
the manner suggested above as in the
case of other proceedings pending in
the courts.
1t has been found necessary to pass
curative acts at every session OF the
legislature, for the purpose OF curing
defective Acknowledgements.
"This defect in the law should be
obviated by the adoption of a simple
acknowledgement, in one common
form, applicable to all conveyances,
without regard to the character OF
the interest conveyed or affected, IN
cludng married as well as single per-
sons, and the right of dover
CONSIGNMENT OF LABORERS
WAGES.
Statutes have been enacted for the
purpose of exempting time wages of
Iaborers against garnishments and
other proceedings. 1t is common
practice for creditors of the class for
whose benefit the statute was enact
ed to attempt, by repeating the issu-
ance of process, to force their debt
ors to pay them, in order to avoid be-
ing discharged by their employers,
who are necessarily put to inconven-
ience and annoyance by the repeated
service upon them of writs Of gar
nishmenG.
Il the statute for the protection of
laborers' wages is founded in a wise
policy it should be made etfectual,
and we recommend that in all cases
where more than one garnishment is
issued upon judgment for the pur-
pose Of subjecting time wages of la
borer, and the debtor shall take steps
to exempt his wages, under the pro-
visions of the statute, that the cost
of the proceeding shall be paid by the
plaintiff and reasonable attorneys
fee for the debtor, not exceeding SIS
shall be taxed as costs and paid by
the plaintiff,
GARNISHMENT IN ATTACHMENT
PROCEEDINGS.
No Judgment can be rendered
against the garnishee in an attach
ment preceding; if he fails to answer,
or answers unsatisfactory, the
plaintiffs remedy is by an action
against him.
1--WE think the statute should be so
amended as to authorize an issue to
be made upon the answer of the gar
nishee, and judgment to be render
ed therein, if it shall be found that
he is Indebted to the defendant.
"Where an injunction is dissolved
on final hearing, the prayer of appeal
and filing of a supersedeas bond will
not have the effect to reinstate it,.
Ine appellant is forced to lodge a
transcript of the record and make APP
plcation to the supreme court for re-
instatement OF the injunction during
the pendency of the appeal; If, on nc
count of the magnitude Of the record,
or from any otner cause, he should
be delayed in presenting his appli-
cation, he might lose the fruits of
the litigation. We think the law
should be so amended as to provide
that upon the appellant filing bond
in an amount to be fixed by the
court, and subject to the courts ap.
proval, the injunction should be rein
stated and continued in force for the
period Of thirty days, with power in
the court to extend the time IL nee.
essary, by an order TO enter OF rec.
ord in the case"