The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1861-09-24
THE STAY LAW.

This law was passed for the purpose of prevent
ing the sacrifice of property; but in the framing
of it the interest of that class of citizens whose
property consists only in debts due them, appears
to have been entirely overlooked What these
claims worth now, to person who is compelled to
turn them into cash to supply his necessities!
On claim before Justice of the Peace twelve
months must eapse before a step can be taken
towards making it secure and two years before It
can be turned into cash. Other cases 90 to the
Superior Court; how long will they be pending
there? A writ issued now would be returned to
the next Fall term, and then set down for hearing
Twelve months thereafter and if then determined,
execution would issue made returnabe after the ex-
pration of another twelve months. Three years
must elapSe, therefore, before the money could be
collected; no matter how able the one party is to
pay, or how needy the other. But what chance
is there that the shall be determined at the
term in which it is set down for hearing? In
many of the large counties, while we have had
two courts i'll the year. it is rare that all the
on the docket have been disposed Of during the
term at which they set down for hearing; how
can it be expected that they will be when but one
term is held in the year, and the business of the
Court is largely increased by the removal to it Of
all the jury the civil docket Of the County
Courts? In many instances it must of necessity
be like the Chancery in EnSland-the de-
cisioas will be made only for the benefit of pos
terty.
1t is proper perhaps, that some regulation
should be adopted to prevent the sacrifice Of pro-
perty; but 1t does not to us appear consistent with
equity and justice that class of the community
should be greatly favored the expense of another
and in many instances perhaps more needy class.
Would not law prohibiting sales under execution,
unless the property brought certain proportion
Of its appraised value, be more apt to bring relief
to no HJjsI,ur/ EoDcnr,Ier
THE STAY LAw-We consider it decidedly
more Objectionable than the law which the Supreme
Court set aside as unconstitutional 1t DESTROYS
the rights Of creditors and the credit Of dcbtors,
for who will trust anybody with such law staring
them in the face? Or who can ask to be trusted?
With the jurisdiction Of the County court with
drawn. and only one Term Of the Superior Courts
in year. man may hope to get jud gment on
plain debt III about ten years And after udg-
mcnt, no "a. so. is permitted. Defendants
allowed to take appeals, manifestly to gain time
only, without giving security for judgments
costs.
1t is sad to see the Constitution, the Laws, and
the Courts abolished. 1t BODIES no good to any
honest man, whether rich poor; but is license
to offenders, great and small, from the murderer
TO the petty thief, many Of whom will escape all
punishment by the delay of year And if all
such should be arrested the jails will be filled and
enormous costs enailed the counties for feeding
the prisoners.-FTyetterWe Observer.
THE STAY LAw.-We would lay it before our
readers were it not that the public hate such a
law. its only calculated to stop the press, ruin
the SherifS, make maniac of the wise 1t will
also make rascal out Of honest man, and is
calculated to make one neghbor fall out with his
best friends CotnacGa Express.
The Stay Law VIII work more injury to the people
of the State than the war