The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1861-11-12


obligation, and leaves the widow and orphan with
out bread. Is it wonder with any man OF sense
that with such temptations and encouragement tc
delay payment, every should put away bis
money, and button his pocket against every appli-
cation for loans? The banks will answer this
question. Within few months, the deposits OF
one of the banks in this State have increased from
$4,000 to 81 300, 600. Such will be the answer
OF all the banks. nlore monv within few months
past has been issued and sent FORTH than has been
for many years before, and yet it returns as rapidly
as it went out. The stay law has stagnated all
circulation in payment Of debts and destroyed all
commerce except for cash and money is ruled by
! the adage /" get what you can and keep what you
get" Section third provides
That all actions brought in the said Superior
Courts Of law and equity the defendants shall not
be compelled to plead thereto for twelve months
from the return term"
1t is certain that the extended time for pleading
was not given to defend, but to delay the right;
not the better to administer justice but to cvade
1t by openly preventing the very forms adopted by
I all civilized people to enforce it. For nearly a
century, Legislation everywhere has been engaged
IN freeing justice from the bubbles Of pleading.
his act resorts to the condemned bubble for the
mere purpose Of delay. Without reckoning the
chances Of one continuance, or the death Of a
party, the speedest course Of lawsuit will be as
follows: Writ issued in November 1861, will be
returned to October 62, and will be pleaded to
in Oct. 63; II reached on the docket will be
tried in Oct. GA, and the money paid in Oct 60
unless there is appeal to the Supreme Court
held in June 90, when the money will be paid in
June &C. This is equal credit of five years
and is given expressly to produce this long delay
by legislature who profess to have sat under the
control OF a Supreme and sacred character OF
liberty, which forbids the passage of any law i'm
pairing the obligation Of contracts Now add
what is commonly the case in the history Of
law suit, continuance for crowded docket,
one for pretended or real cause, and one for a
death, and the credit is years In addition
to all this, section + denies trials Of all cases
at the passage Of the law, in the Superior Court
for year, although some may have been pend
ing already half dozen yeas. If under such
circumstances, the kindeSt should refuse to
lend his money at all, the usurer demand -
per cent, the shaver take off 30 per cent, it
will be 30 matter Of wonder. If the people shall
consider this act a vast stride towards the can
collation. Of debts, (that wicked demagoguism so
often attempted in the most corrupt days Of the
Roman Republic,) there can be be no cause for
astoniohment. If the cash system Of trade
is brought on the people at once, aud at a time,
too, when confidence ought to be encouraged by
every legitimate mode can any be so blind as not
to perceive who are it's authors? The succeeding
sections and 5, in order the more fully to com
plcte the delay the largest contracts, abolish the
civil Jurisdiction Of the County Courts. and re-
all the suits pending therein to the Superior
Courts; and after augmenting the number Of cases
in many counties to or 600, forbid the trial of
all causes thus removed till twelve months there
after, although the pleadings are perfected and
the time for trial shall be ample And as the
finishing touch to the plan for hnderng and de-
laying the trials of causes, the finally reaches
out its hand and lays hold Of the poor mans cheap
Court-fhe Justices Court-and delays the trial
Of a one dollar cause for twelve months!
And if then 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 one year
more. So that if the defendant is warranted for
the sum due on witness ticket to a poor man
who has been compelled, by fear of fine Of $40
or the pains Of attachment, to attend and pay
his own expenses for travel and board, and his case
shall 90 to the Superior Court for trial, he will in
the best possible luck fhiS case is reached at the
first trdi Cbu,t, get judgment i'll the third year,
and his money the fourth, provided the sheriff
wi | do his duty and the party may not have fail
cd. For it is "a strange enactment of this section,
that without an affidavit of merits, any defendant,
who will swear to his inability to give security,
may without security appeal in the plainest case.
Whereas, by long established practice OF the
courts, no pauper can even commence suit with
out security unless he sWears both to his pauper
ism and the merits Of his cause. So that few
not poor man-would ever be-
gin suit for a witness ticket, or for months
wages Indeed few men would be surity for a
defendant in such protracted litigation; and It
would be easy therefore, for him to make the al
fdavi 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 detraud the poor and necessltous man
out Of his time aud money
But if there should be no appeal, the witness
may expect his Judgment in twelve months and a
recovery of his ticket pay his tavern bill in one
year more. In most cases however, 1t Is obvious
that the constable who served the warrant would
never finish the collection; and whenever finished
a suit on bis bond for the money withheld would, /
being Etgated suit run through half dozen +
years more.
If King John, of England, ever favored snch /
law as Thu, we'll warranted were our sturdy England
ancestors, when at the point of the sword, they
3xacted of the crown perpetual promise that JUS
lice should never be sUld-never be denled-neV- =
sr be delayed. +
The act after having denied a trial for four, I
five or six wears of undetermined cases, proceeds .
n the next place to stay the end OF undetermined
Eases. 1t is an old maxim, the foundation indeed +
If all the value of a court of justice-'tntere
eipuJiicse, sat fndS litignl.,,-"lt concerns the +
that litigation should be speedily
nd efTeetually terminated" But this act resusci-
ates the expiring controversy and intuses into