The Forrest City times. [volume] (Forrest City, Ark.) 1871-1919, 1900-01-12


be disposed of at the earliest prac-
tical date, under regulations to bo
prescribed by the court.
I'VE are aware that there are ex-
listing statutes authorizing special
and adjourned terms of the circuit
courts for the speedy trial of crimi-
nal cases, but the provisions of the
statute are vague and general and
are not mandatory, and, judging
from results. it would seem that very
little attention has been paid to
them.
'The law charges all persons with
constructive notice of the pendency
of suits affecting the title to proper
ty, without making any provision for
affording convenient and practica-
BILE method of obtaining information.
''The law should be changed so as
to provide that no person snail be
aIfected by constructive notice of the
pendency of a suit at law or equity,
including proceedings by attachment,
unless there shall be filed in the Of
flee of the recorder of the county in
which the property that is involved
in the litigation is situated, a notice
of les pendens, under a certificate of
the clerk of the court in which, or
the justice of the peace before whom,
the case is pending.
1T was held by our supreme court
in Trader and Wife VS.. Harrison, 20
Ark, S5, that upon the reversal of a
judgment dissolving an attachment
the lien of the attachment would be
revived and become operative.
THE practical effect of that ruling
is to cucumber attached property
with secret lien and tie it up from
alienation and encumbrance during
the period mat an appeal is author
lied by law, and the time required to
prosecute it to final determination
in the appellate court.
THE law should be so amended as
to require the plaintiffin attachment,
in order to the preservation of the
lien of the attachment as against SUBJ
sequent purchasers and encumbranc-
ers, to pray an appeal from judg-
ment of dissolution within thirty days
and to file a 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
acknowledgment, in one common
form, applicable to all conveyances,
without regard to the character of
the interest conveyed or affected, in
cluding 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
other proceedings. 1t is a 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,
nishmenC.
4 the statute for the protection OF
laborers' wages is founded in wise
policy it should be made effectual
and we recommend that in all cases
where more tnan one garnishment is
issued upon Judgment for the pur-
pose of subjecJing 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 a reasonable attorneys
fee for the debtor, not exceeding Sc
shall be taxed as costs and paid by
the plaintiff.
GARNISHMENT IN ATTACHMEN i
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 actor
against him.
ave think the statute should be sc
amended as to authorize an issue te
be made upon the answer of the gar
nishee, and judgment to be render
ed therein, if it shall be found thai
he is indebted to the defendant.
where an injunction is dissolved
on final hearing, the prayer of appea
and filing of supersedeas bond will
not have the effect to reinstate it
Inc appellant is forced to lodge Z
transcript of the record and make ap
plication to the supreme court for re
instatement of the injunction during
the pendency of the appeal; if, on &C
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