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

a,ruhoat making sale This command does not re-
eye the officer of his duty take charge of the pro-
perty levied on 1t is much in his possession and
under his absolute control after this stay law before
and the officers responsibility is not in the least d
minshed. Upon his death the property viii go to his
executor administrator now as before. The COM
mand therefore, return the levy only proongs the
time of sale aud does not change the nature and effect
the levy the legal right of the officer to the pro-
pery levied Gad dy the terry the officer Is the legal
Such has been our clear law of a levy ever
since the settlement of the colony and ever has been
and is the law Of England and perhaps Of every
State in North America Upon this necessary legal in
cdent a levy of personal is grated the long
standing law still in full force. Rev. Code chap As,
20, go That the county court shall make rea-
sonahle allowance to officers for keeping and maintain
ing horses cattle hogs sheep, and all other proper
perty the keeping of which he chargeable TO them
taken into their custody under legal process and such
allowance may be retained by the officers out OF the
sales of the property in preference the satisfaction
of the process under which the property seized
sod" and the officer shall the account for such
keeping with the execution "unGer which the property
has been seized the Justice the court to whom
the execution is returnabe Again, is our express
law Rev. Code, chap As, 2 and chap 81 sec l6)
that when any execution shul to the sheriff
constable he shall proceed to levy the same upon
the goods and chaeis of the defendant in the first in
stance, if there be any"
The stay law does not change this provision, aRd
therefore the officer is bound seize in execution the
debtors goods and chattcs and other moveabc prop
erty if there be any and let the land alone Now let
us suppose an ordinary of execution against
farmer who has no slaves, but stocks and crops of
various kinds. The officer is bound to seize the horses,
CATTLE hogs sheep, the wheat tobacco, oats
and peas of the defendant and keep them TIL the court
which the execution IS rcturnable, and endorse the
levy and thereof the execution and return il
,cifhout making sale. Such is the express command
of the stay lawSec 81 and thereupon the clerk is
directed issue vend. e1ponas returnable twelve
months thereafter The Vend erpOn0s does not release
the property from the control of the officer and if be
indnlges twelve months longer, las seems to be the
purpose of the law he is obliged to keep the property
till the day of sale In the meantime the grain will be
ruined and the Of keeping the stock Will be great
er than its value. The debts of will remain
discharged, and the debtor will lose his property with
paying his debt. Such necessarily will be the
suit if the officer gives the indulgence seemingly in
ended by the stay law But suppose the officer allows
the personal remain with the defendant, OF
what benefit it be the debtor if it may not be
consumed? Of what benefit can the levy be TO the
creditor unless it may be sold2 1t is one of the best
settled duties OF the officer to sell without delay, as
early he after giving notice, all such estate as is
aDle loss depreciation in value because thereby
the largest value is obtained both FOR the debtor and
CREDITOR and the officer is relieved Of his onerous re-
sponsibility. \ familiar instance of this care and
foresight OF the law is found in the attachment law,
chap Z which provides for the sale of perisha-
bic estate before the judgment is obtained II,
therefore, the officer may not in consequence of the
say law. sell before the return court it is OBJ
viously his duty to sell Immediately after that court
whether rcnd issue or not. If he do not, and
the corn is consumed the stock die any of the
articles be removed beyond his reach, he is liable to
creditor for the full value; and if he holds and
keeps the property without sale ana there ne any loSs
thereby, he is liable to both. In one way alone then
the officer act both in obedience to the law and
with safety himself and that is to sell early
practicable H wiH be forced 10 do So Now let us see
what results The sale is made the vend.
crponas comes hand aud the money is held by the
officer for the residue of the twelve months, without
interest the creditor. If kept may deprecate and
become worthless; and the creditor may be ruined
by the delay without its being any aid to the debtor.
Bnt sad evil will spring up in the decentralization of
the officer by the temptation to use the money himself
Slan cln nDtE plnstn nVf
dinary of all laws known to the history of the State,
by noticing the matters excepted from its operation by
sections and and 10. The former of which provides
that the shall not "apply the collection OF the
not "appy to the collection of interest any contract
already accrued annually hereafter to accrue"
In regard the first it wisely considered that
all the public functionarics should be promptly paid,
and the Judges fully paid, though one half their
services dispensed WITH and therefore creditors
property should be sold to pay his tax, although he
prohibited from collecting by process of law doll
lar that might be due him in order to save that prop
erty from sale
In regard TO the second, it also th ougL fully
considered, that inasmuch had i,d out his
in lands and slaves and annually got the yields
o. the EARTH and another had lent this very all his
money wherewith to buy his land be ought to be at
berty 10 collect as his means Of living the interest
on the money lent. And this was right Now say
This thoughtfully considered, but was it right
utterly to neglect and pass by the laboring maus
means of living? His land is his labor his capital the
industry Of his handshis means OF living the sweat of
his face yet he may by hard toll the wages Of
day, sSeek, year, and rely on them to feed his
wife and children but find in all the statutes
of the land not line oflaw that heps him TO speedy
recovery of his humble dues. The stay law has un-
eengly shut the door Of justice in hsface and when
he demands his scanty wages of the owner OF lands
and slaves. the lender Of money, for whom he has
abored, he is codly turned over by the stay law to
tho delays Of three years suit before justice OF
the peace get five dollars. DAVE.
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