The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1861-11-20

u any law lmpairing the obligation Of con.
racts. Now add what is so commonly the /
ase in the history Of law suit, one centin.
Ianee for crowded docket. one for pre-.
ended or real cause, and one for a death,
ind the credit Is eight years.l! In addi-
ion to all this. section 4 denies trials Of all |
,ases pending at the passage Of the Law in
he Superior Court for one year, although
'ome may have been pending already half a
ioxen. Ii under such circumstances, the
<Indest man should refuse to lend his money
II all, or the usurer demand 90 per cent, or
he shaver take of so per cent, it viii be
no matter Of wonder. If the people shall
consider this act as vast stride towards the
cancellation Of 6ebls, THAT wicked dema-
gogueism so often attempted 10 the most cor
rupt days Of the Roman Republic there can
be no cause for establishment. II the cash
system Of trade is brought on the people a,
once, and al time, too. when confidence
ought to be encouraged By every legitimate
mode, can any be SO blind as not to perceive
who are lis authorsi The succeeding Sec
tons, 4 and S, in order the more fully to
complete the delay on the larger contracts,
abolish the civil Jurisdiction Of the County
Courts. and remove all the suits pending
therein TO the Superior Courts; and after
augmen.iag the number OF cases in many
trial OF all causes TINS removed, I'LL twelve
months thereafter. although the pleadings are
perfected and the time for trial shall be am.
pie. And as the finishing touch to the plan
for hindering and delaying the trials Of caus-
es, the act finally reaches out its hand and
lays hold OF the poor mans cheap Court
fhe justices Court and DELAYS the trial OF o
one dollar cause for twelve months!
And If then tried the defendant may appeal
TO The Superior Court, which may be year
Of. At the Superior Court the defendant is
required to plead. and the case will stand
over for one year more. So that il defrnd-
and is warranted for the sum due on wit
ness ticket 10 poor man who has been CON-
PEELED, BY fear Of a fine OF $40 or the pains
Of an attachment, TO attend and pay his own
expenses for Gavel and board, and his case
shall 20 10 the Superior Court for trial. he
will, with the best possible luck, If his case
Is reached al the first trial Court, get judg.
menf in the third year. and his money 10 the
fourth. provided the sheriff viii do his duty,
and the party may not have failed. For. it
is strange enactment Of this section, that
without On affidavit Of merits, any defendant,
who viii swear to his inability TO give secu-
riiy. may without security appeal in the
plainest case. Whereas, BY a long establish
I'd practice Of the courts, no pauper can eyen
commence suit without security. unless he
swears both 10 his pauperism and the merits
Of his cause. So that few men-certaInly
not poor man-would ever begin sui for
q witness ticket. or a months wages. In
deed few men would be surety for defend
ant in such protracted litigation; and il
would be easy therefore, for him TO make the
atidasit Of inability to give security, though
tacn perfectly able TO pay the debt.
IL is plain, then, how the stay law tempts
the debtor TO defrzud the poor and neeesitous
man oct Of his time and money.
Bat, if there should be no appeal, the wit
ness may expect his judgment 10 twelve
nun.as and recovery Of his ticket to paw
his tavern bill 10 one year more. In most
cases. however, IL Is obvious that the consta-
bic who served Inc warrant would never in.
ish the collection; and whenever finished, q
suit on his bond for the money withheld
would. being litigated salt, run through
ball dozen years more.
II King John. Of England, ever favored
such Law a. this, well warranted we're our
sturdy England ancestors, when at the point
81 lie sword, they exaeted Of the crown a
perpetual promise that justice should never
be selj--neVer be denied-never be DELAYED.
Ihs setafier having denied trial for four,
hss o. * years Of undetermined cases, pro.
cesds IN the nexi place 10 stay The end ci De.
tsfmined cases. Il 10 an old maxim. the
Foundation indeed Of all the value d court
of Justice infeTea reipubfice III f,ais It'll.
ana" IL concerns the commonwealth that
litigation should be speedily and efeetnally
Terminated" But this act resusciiates the
expiring controversy sud inluses into the Jy !.
Ing contest, q new and fresh sigor Of life. Ii
commands that the execution shall not be
satisfied; that the fruit Of long DELAYED JUS.
ice which has been daily and solemnly aw ard.
ed. shall Rst be received and enjoyed BY the
injured party. II directs the Sheriff To en-.
dorse bis levy upon executions and return the
sane 70 the court whence issued. and there.
upon i commands the clerk 10 issue Uend.
exp0Has. Or ahas Il. a.. returnable twelve
moaihs thereafter. Tie debtor, the trespas.
ser % your person or land, the slandsrer. ard
the thief whe may have stelen your goods,
and been convicted thereof in aciisn OF tor;
are all huddIed together and sllosed to en-.
JOY their unjust gains md delay eoRpensa.
tivn for tbeir wrongs, % the great loss u the
Injured man, for one year longer.
such % the condition 81 al plaintiffs, how
egsr BerilsrioBs their demands; and such
10 privileges Of wrong and outrage, howss.
e. paltable add CRYING the Injuries may be,
even u the defendant should be bound TO re.
main % The State and abide the ultimate and
long delayed eseHI Of the ssr.
But The act strikes ! hidden and secrr,
blow, the consequences 81 which are proiec.
i've u wrong. Disastrous 70 right. and work
tp.iieet revelation IN our mode Of admins.
tsring justice. II enscts that no execution
OF g. "a. shall issue. Does asi thi. abolish
bziif VI THAT use 10 bsiIi How can the
t4H bond ~ farf.st.d n AZ. ..... ,.F -. -.