Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1861-11-06


most corrupt days Of the Roman Republic there
can be no cause for astonishnsnt II theeasi sys,
TEN Of trade Is brought on tie people IT onee and
At time too when confidence ought to be encour.
apsd by every legitimate mode any he 20 ollnd
US not to perceive who arc its authors ING sue
cecding sections 4and s. in order the more tusy 70
complete the delay on the larger contracts aoaisn
the civil i,r;sdction az the County Courts, and re
move all the suits pending therein to the Superior
Courts; and after aug,nenting the number of cases
in MANY counties to or 600, forbid the trial Of all
causes thus removed till twelve months thereafter,
although the pleadlngs are perfected and the time
for trial shall be ample. And the finishing touch
to the plan for hindering and delaying the trials of
causes the act finally reaches out its hand aud lays
hold Of the poor mans cheap Court-the Justiees'
Court-and delays the trial of one dollar cause for
twelve months -
And ifthcn tried the defendant may appeal to the
Superior Court which may be a year off, At the
Superior Court the defendant is required to plead,
and the case will stand over for year more. So
that il defendant IS warranted for the sum due on
q witness ticket to a poor man who has been CON-
PEELED. by fear Of 8ne of $40 or the pains Of an
attachment, to attend and pay his own expenses for
travel and board, and his case shall 60 to the Supe
rior Court for trial, he WILL with the best possible
luck, If his case is reached at the first trial Court,
get a Judgment in the third year, and his money in
the fourth provided the sheriff will do his duty, and
the party may not have failed For, it is strange
enactment of this section, that without an affidavit
of merits, any defendant, who will swear to his in
ability to give security may without security appeal
in the plainest case. Whereas by long establish
ed practice Of the courts, no paupcr can even COM
mencc a suit without security, unless he swears
both to his pauperism and the merits of his cause.
So that few men-certanly not poor man-would
ever begin suit for witness ticket or for months
wages. Indeed few men would be surety for de-
fendant in such protracted litigation; and it would
be easy therefore, for him to make the affidavit Of
inability to give security, though then perfectly able
to pay the debt.
1t is plain, then, how the stay law tempts the
debtor to defraud the poor and necessitous out
of his time and money.
But, if there should be no appeal, the witness
may expect his Judgment in twelve months and
recovery of his ticket to pay his tavern bill in
year more. In most cases, however, 1t is obvious
that the constable who served the warrant would
never finish the collection; and whenever finished,
suit on his bond for the money withheld would,
being a litigated suit, run through half dozen
years more
If King john of England, ever favored such
law as this, we'll warranted were our sturdy Eng
land ancestors, when at the point of The sword
they exacted Of the crown perpetual promise that
Justice should never be sold-nevcr be denied
never be delayed.
The act after having denied trial for four, FIVE
or six years of undetermined cases, proceeds in the
next place to stay the end of determined cases. 1t
is an old maxim, the foundation indeed Of all the
value Of court of Justice" interest reipublico,
SIT fnis itium." at concerns the commonwealth
that litigation should be speedily and etectualy ter
minated" But this act resuscitates the expiring
controversy and infuses into the dying contest, a
new and fresh vigor of life. 1t commands that the
execution shall not be satisfied that the fruit of
long delayed justice which has been duly and SOL
EMMY awarded, shall not be received and enjoyed
by the injured party 1t directs the Sheriff to en-
dorSe his levy upon executions and return the same
to the court whence issued and thereupon, it CON-
mands the clerk to issue rend. erponas, or aiins
fl. ta., returnablc twelve months thereafter The
debtor the treSpasSer on your person or land, the
slanderer, and the thief who may have stolen your
goods and been convicted thereof action of tort
all huddled together and allowed 10 enjoy their
unjust gains and delay compensation for their
wrongs, to the great loss Of the injured man, for
one year longer
Such is the condition Of all plaintiffs, however
mc,itorious their demands and such the privileges
Of wrong and outrage, however palpable and crying
the injuries may be, even # the defendant shdnld
he bound to remain in the State and abide the ulti.
mate and long delayed event of the suit.
But the act strikes hidden and secret blow, the
consequences of which protective Of wrong disaS
trous to right, and work perfect revolution in
mode of administering justice. 1t enacts that nc
execution of ca. shall ISSUE Does not this abo
ish all bail? Of what use is bail? How can the
bail bond be forfeited If the issue of the be
| prohibited? Did any member Of the Legislature
contemplate so radical change of the law to dis
pcnse with bail in any and all actions? doubt
| whether any one of them would admit such to bt
their intent; and yet who of them can tell US thu
value of bail now? Let us try the question. Al
insolvent person is sued for violently Selling AM
carrying away your slaves, or your horses he ha
sold them and given bail while he holds the pro
ceeds of sale in his pocket Judgment after 81!
wears is obtained-he has no visible estate on which
an execution can be levied but he has an abundance
| of invisible estate and is rich in bonds which tn
Sheriff cannot seizc,-what means are left to compe
him to apply cent to the satisfaction Of the recov
cry? If a lawless and insolvent man choose to la
violent hands on your personal estate, and is pre-
ceeding with it out of the State, and you resort
the law for redress, of what will be your writ
capias al respondendum? If he gives the best bal
his body is exempt from seizure, and so the bail
released. Ifyour debtor, residing in distant lane
shall come hither to remove all his property beyon
the jurisdiction of the courts by what means wi
YOU secure your debt if he will defy you? Will 20
take an attachment? If you do he will replevy b
giving bail; and as the bail cannot be required
surrender the body, the repevin bond becomes tt
merest farce. This provision requires citizen
this State to surrender his debt, his damages an
all compensations for wrong, though contracted I
perpetrated within its limits unless he will folio
the wrong doer and his property to his distant hon
for redress. Such are the necessary effects Of OF
of the many stupendous changes in the administr
ton of justice introduced by the stay law. 1t
true, that in some States bail is abolished upon &C
tain conditions; but invariably some equivalent S
curity is substituted. This act offers none.
: opens wide the door of temptation to fraud and !
, pne it encourages the preparation of every
jury to private right and defiance Of every court
the land The law, intended to be the just prote
tor of ALL is now made too weak to defend any ma
e or any cause Did the people demand this Nigh
n change of the Legislature? The effects of the
may be summed in this: 1t removes the SHE
of legal protection from the person; it depreciai
all contracts; it renders insecure all personal a
!, movable estate and invites permanent trespass
y on all real property.
Let us take another step in the review of the st
!. law. Section twelfth provides