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

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,hesysry psoA y bpaghI and proposed "a bspleds.
ed 6 thu security fos its price. .s.s
The following sre- examples OF 1one o. tts mahy
unreasonable fruits: 1. II a debtor De nnder exc
cution his lands slaves crops may De sou 10 SAT
isfy the debt yet no is not allowed to convey II 10
i trust to secure the debt and postpone the sale,
unless it is expressly declared therein, that the
proceeds of sale shall be appropriated TO the pay
ment of all his debts and liabitititss" This pro-
vision leaves the creditor no alternative but to SELL
unless he will subject his debt tn the hazard of be-
ing paid pro rata with every liability Of the debtor
as we'll those in which he is surety only as those
which arc his own debts. 2. II q debtor whois
such, either principal or only as surety wish to
purchase tract Of land slayc or other property
poor man, horse to till his crop for instance-he
cannot even pledge the particular property bought
to secure its price unless he subjects the property
to pay all the liabilities with which he may be
charged either as surety or principal Yea, be can.
not secure his sureties without being compelled
to secure at the time and equal footing, the
debts wherein he is surety himself 8. If man
would borrow money to pay his taxes State or Con-
federa:e, heavy as they are, he is unable to do
so, because the lender will not trust the slow delays
Of the stay law for its return, and the debtor can
not confess Judgment or make deed in trust,
without suljecliug himself to he sold out to pay alt
his liabilities Of every sort No, he cannot even
give such lien any of his property to pay the
tax though his work horse or mich COW may be
Sold and must be sold by the tax gatherer to pay
it. 4. II debtor before the passage of this law
Shall have made deed in trust to secure debt,
and the property conveyed shall not. in the deprc
citation consequent on the times he sufficient to pay
the debit and there is not enough property besides
the estate conveyed in trust to pay all his other
creditors, yet enough TO put them pro rata with the
debt already secured and he desires to do SO, yet
he cannot For, if he makes trust or confesses
judgment, all the property conveyed or bound is
devoted by the stay law to pay all his debts, i1clu
Ding of course, the debt secured before the pas.
sage of the act. So that this debt stands unalera
bly, favored, and while it takes all conveyed in the
first trust, shares equally in the second.
Considering what law-abidng people We have
been, one would have supposed that the stay law
would have been content with the delay consequent
on abolishing the civil jurisdiction of five out of
six courts reducing the time of holding the courts
from six weeks to one, and giving but one court a
year for the trial and hearing Of all at law and
in equity; and then also, forbidding debtor
purchaser to give any lien on property to raise a
dollar or to secure the purchase money, unless he
would provide also for debts wherein he was only
Obliged surety. But not So the officer Of the
law is insidouSly approached and the stream Of
, justice is polluted at both ends. The stay law
found long standing statute, century DID, which
! imposed penalty on any sheriff who should will
fully fail to execute process" delivered to him in
due time. The stay law, not content with the en-
actnent of its own extraordinary delay Of four five,
or six years, repeats the old law as to every fine
incurred since the passage Of the stay law of May,
and also to every fine thereafter incurred by
! son OF emitting to execute process Now, the term
process" includes both the beginning writ, which
| brings defer dant into court and commences the
suit. and the concluding writ Of execution which
brings the money into court. So that the sheriff
/ t.
| elects to execute either or both, he will be in no
danger except what may beE,ll his conscience in
the violation Of his official oath. 1t is probable,
land some have charitahy supposed SOY that the act
was intended to pardon only the penalties which had
been incurred, or light be incurred, by sheriiiS
who may have acted under the supposed validity of
| the stay law Of May But the language is too OK
pcit to admit of such construction; and the source
of the charitable Interpretation is to be found only
, in the enormous outrage offered to justice by the
adoption Of the true and contrary construction which
follows clearly from the words Of the statute. The
sheriff is now for the first time in q century re-
lieved of all legislative penalty, if he wilfully me-
elects, out Of friendship to friend cnmity to
Toe, to serve writ to bring the defendant to court.
So that after sues, there is certainty his writ
will ever be served; especially if the debtor is the
officers kinsnan, or friend or an influential man.
No Sutor, therefore, reasonably calculate at what
time after the writ is issued the defendant will be
in court. And even when the Judgment, after years
Of delay, may at last be rendered. and the final pro-
cess Of execution shall come to hand, the officer is
ntornIed that he incurs penalty if he shall refuse
to make the money.
Or if he makes it and returns satisfaction, and
withholds the money-or if he neglccts to make the
money, and suit is brought against him and his sure
ties the delayed and sickcned plaintiff, Tor mos,
likely his executor or administrator must tread
over again the may round of another suit conduct
cd under the machinery of the stay Ian. And this
suit in all probability is destined to end its caree,
in like manner. During all these many years, the
sutton is taxed 10 support Judiciary established
peaccably to protect and efectually to defend hi:
civil rights!
But if it was not the intent of this law to repudi
ate all past and future contracts by the force of
legal chase around nevcr-ending circle, and ther,
be left really any law to compel the sheriff to al
upright discharge of his duties. it is most Difficult
thing to advise the officer how to proceed so as t
secure himself, and at The same time give the ndul
; gence intended for the debtor Thus the act re
qures the sheriff as also the constable, to levy exc
cutions, issuing on judgments rendered before tn
passage of the law, on property sufficient to dis
charge the debt and return the levy to the succeed
ing court and then that rend. erponas shall isSu
returnabe twelve months thereafter. To prope
understanding of the operation Of this section, it
! necessary to bear in mind the nature and effect of
lery. levy on land is very different thing fror
r that on personal estate. When land is levied or
the law does no. require the officer to enter tax
possession and turn out the proprietor but simpl
c to endorse his levy thereof on the writ Indeed
l. would have been super1uous to require more tba
this, because the land cannot he put out of the way
+ But very different is the of levy on persona
ty The law requires Of the sheriff to seize and tax
t into his possession and hold adversely against tn
possession occupation of the owner and all Other
J. all personal estate, which admits of such excusi,
possession. Thus the sheriff required to take il
to his possession when levied on, slaves horses
., tle hogs, sheep corn, wheat, tobacco, househo
y furniture, and every tangible and movable thing
81 and authorizes the officer to take the articles ava
ID for safe keeping till the day of sale. This is ALLOW
IS ed to be done because the officer is liable for tt
10 value Of the property levied on from the hour
levy and If removed out of his reach by his ALLOW
ing it to stay with the owner, he is responsible Fl
y its value to the creditor And if he neglgently a
lows a stranger to take it awav AGAINST tho conse,