The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1861-10-23


II Is different with the law before US; its very design
as expressed in The title Is to do that against which the
Constitution hes expressed its Veto
Now our act does not. like the act OF 1919,
express Its design by its title, but purposely
aud disingenuously expresses design. not
in the contemplation Of a member who voted
for IT. Every body knew and admitted il
was stay law. with fraudulent title. to
prevent the Supreme Court from judicially
seeing its true design--and yet every mem
Der il bound By his oath to observe the Con.
stitut,on, equally with the Judges Of the Su-
preme Court. The Constitution Of the Con-
tederate States. adopted in anticipation of
immediate war, contains the same identical
prohibition.
Some, If not all. the advocates Of the bill,
conceded that in spirit and design il violat-
ed the Constitution; but they insisted. that
II such law were not enacted, soldiers could
not be found to- leave their homes and Bkht
the batties'of their country. if the Shylocks
left behind might seize and sell their prop.
erly and leave their wives and children with
out house or home-and when these orators,
on this or any other subject, touched this
theme, truly brave soldier, il he had been
present, would have been disguised at the
windy laudatlon bestowed upon poor soldiers.
Every brave man in the feld'knOws well that
his countrymen, left at home, are too manly
70 allow his property q be sacrificed under
the Sherlff's hammer, while he i facing our
common enemy. The argument rests on the
assumption thar our army is made up Of men
unable to pay their debts--whereas on the
contrary very manv nf them are dependent
on the collection Of debts due them, TO sup
port their families and pay their own debts.
Under color OF protecting the soldier, who
neither needs nor asks for any such protec-
ton, that innumerable class Of debtors, who
never pay till they are coerced. will alone be
gratihed,-I will not say benefited |
think il will generally be ruinous to them.
They will have to pay their taxes. The stay
law committee, having their eyes steadily
fixed on the magnificent idea OF Inventing a
mode OF violating the Constitution, not to be
reached by the Supreme Court. actually re-
ported their bill 50 as TO hinder the Sheriff
from collecting taxes. This was afterwards
amended by the insertion of the 10th section
Of the act, 50 that now, property may be sold
to paw taxes TO the State or Cnunty and also
the direct taxes t. the Confederate Govern
ment. AT these sales it will be reputable fir
Snylock or anybody else 10 bid aud buy
and with the stay law in force, men not re-
markable for punctuality, can borrow no
money. no matter what property they may
have.
The 9th section OF the act provides that
:" in all cases in which judgments have here.
tofore been taken in either the Superior or
County Courts. and upon which executions
have issued. il shall be the duty OF the Sher-
1T or other officer in whose hands such exc
cutions have been placed for collection. TO en-
dorse levy upon the property Of the defend
ant or defendants, sufficient 10 satisfy the
same, and return such executions. withoat
making sale; and upon return il shall be
the duty Of the clerk TO issue yendiionl
exponas. or feri lacias, al the election Of the
plaintiff, returnable 70 that term Of the sue
ceeding Court which i held IL months frsm
the teste Of such yendi toni exponzs. Or fierI
iaeias, and that all alias executions upon
judgments heretofore taken shall be retnrna-
bic 10 like manner"
TINS section plainly impairs the validity
of contract, aud no court can hesitate 10
declare il unconstitutional. But even il il
were constitutional, IL will not give the re
lief intended. IL was intended to give the
defendant. In executions which had issued al
the time The act passed. ~ more months after
the return Of such executions. Heretofore a
levy on chattel property meant a SEIZURE by
the sheriff, By this ACT suppose the sheriff
Is not to take the property lr,i1 on into his
possession. lie can't take bond win Sc
eurity for the forthcoming u the property,
because he can't, with the g. IA. now IL has
hands. under this law fix the DAY of sale. I
suppose the construction will be that lie i n
endorse levy On horse or other chafiel, -
he heretofore levied on land, leaving the
property in possession Of the defendant. Oh
the return Of This levy an order u sale issue.
returauJle IL months after the teste. Al any
time during The u months, after advertise
ment, the sheriff NAV sell-and jf the prop
erty disappear, any line after the ven. expo.
reaches the sberiGs hands. the sheriff will
be liable on his official bond. Self protee.
ton will compel sherifs TO sell without de.
lay, instead Of forbearing 70 act for twrlge
months, ia the mean lime being 10 effect
surety Tor the defendant. The same obser-
vations apply 10 alias executions and exeeu.
tons issued by Justices Of the Peace on ex.
isting iadgments--aad as 70 all judgments
on which - sxeculion had issued al the pass
age Of the sct, they are left out 81 iis opera
tioa, and The plaintiff may issue III execu-
ton ard collect BIZ money a. heretofore.
The act makes nj provision n hinder sale
under deed u trust o. mortgage.
Under III operation 81 this act. Ire judges
d the Superior Courts perform bnt half the
services heretofore required Of then, while
they receive ~ same salary - here tofore.
10 al the Counties where the County Courts
heretofore had jury for the trial Of civil
suits, the whole business Of sr COsris is
thrown upon one term II the Superior Court.
Il is obvious that no suit commenced after
the passage Of this act could ordinarily be
tried short Of seven years after it. commence.