Daily Richmond Whig. [volume] (Richmond, Va.) 1861-1862, 1861-12-16
RICHMOND WHIG.
NOTIFICATIONS OF THE STAY LAW.

| NOTIFICATIONS OF THE STAY LAW.
To John G. Ruh.rfoord. Esq, Chairman Of The Judi
eiary Committee If hf .H5Wss If Dsitgates:
DEAR SIR-I suppose it ia a forsgone conclusion 10
continue the stay law in form during the pendency
Of hostties between the Confederate States and the
United States. Its eniaently fl; ha! there should be
measure of the sort for the relief of those who are IN
eeal service and should regret It's toa repeal on that
account But seems TO me- is qlay uu6t that any
others should be embraced within its protection hsssrs
A, B and G. who have not gone from their homes, who
are az busly engaged as n making money by mar
ehandzs or farming, any OF the thousand employ
ments at which money is how being rapidly made have
no sufficient reason to Offer for exemption from their
present liabilities. Their families have not been left dec
tute-their usual resources not cut of-:hey are
as capable Of providing to NEE! all their engage
mcnts rs at any period prior to the commencement Of
bostiliies-and ali the ordinary urged in dvor
e exemptipg the soldier from the pressure of debt may
properly be urged against eremptng those who not
soldiers from the burden of their eng gemtnts should
like to sec me d6caiiOn of the stay law which would
GO TO this exen and if there we're any hope Of securing
such modification, I should enter into minute
specification of the advantages attending the change
OSllcNe tne VI Suaubci ieaOS
every class Of the community.
The purpose Of my present letter, however, is to cal
your attention 10 few notifications of the law which
surely no right minded person can o'j'ct TO.
SAILS USDER TRUST DgpDs. ..
No sales can be made under the present stay lss with
out the consent Of all parties grAnto trustee and bene
6ceries -
In some cases this rule operates harsAly and unusy
upon every one save the debtor. .u ...
| Take for .Ilmpls this: A debtor makes general
assignment sih covenant Of resse the part Of the
ceditors Who sign his deed He retains possession Of
the property until ssle is made All the creditors
an ,ous the p-opert, shall be sold Is coniessody in
sufficient to supply esen the half of their claims. TIE
debtor has positively no interest in the prc, the property
will bring for whether great price small one, he
is equally released by ,hs covenant from responsibility 10
the creditors. l. i. not monstEous that in case Ike
this the debtor should b. enabled by his simple reiuai
Of assent TO postpone the sale OF the properly to the
close Of the war? This ia, surely. OF the instances
in which the prcscn. atay l,w should be uOdf'd
Another case occurs sh5re tie debtor remains q,
home in the quiet oyment Of land purchased from an
other without paying for it. or where the purchase mo-
ney has been advanced him by friend on the fail OF
il and ne refuses pa, interest on the purchase money 10
She one case or o. the advance IN the other.
Another case will be found where the owner Of land
hiss a. accommodation endorser by deed Of trus.
o.. the property he nov lives fhe negei.Lls note
sus due aud the drawer ovner AoSs i. 10 remain un-
rad The cnjorser to protect his credit pays il; and
he must aft the pleasure Of the drawer before he
reimburse himself from ,he property pledgci security
In all these cases there should b. right to sell at III
dcre,Ou of the trustee cerlsrlyf upon the demand
Of the beneficiary. An amendment ccuched ia language
.cneuha, follows would suppose, .c. shsse chang
es. il approved of.
Sass under sst deeSs shall ~. Be D.ads sithou. hc
eoassst Of a prtits intsrs'ted ia The folioring
cGi.: la. ,ck.a III, rIst deed general a,signneni
and eoaians eos.aqs, Of release. And vhsn III; t',
d,.dha, bee. s1.cstsS 10 ste4s tie pHreha" mons Of
hs Ian5 Conveyed O, TO loan ms4s for ne puv-
pOsse of psyi.s susk pS,chAss mo1sy and ms debtor I"
creator fails 10 pay ths nt~ssi s.eA purchase 'ss'
a.y oy arosst loaad: and Srd shtn hs tvna ded "A,
hs,, s,scgsi 70 aeeonno6a,iOa ssdorsT. IN
ne eases st abovs sye'p'sd sale NAY bs made rhsn.-v
trustees ,haii deem 10 dGU;Sabls TO sake sale.
To avoid question as to where euoh cases oeg the
affidavit Of the parties benehciares in the deed or oi
some one Of them nigh. be requred-sueh affidavit 70
bs sufficient warrant for toe action OF the trustee.
The stay law passed. hurriedy in the midst of the
unusual excitement consequent the secession OF the
State II not TO bo expected that the work would
be wei done no, to require amendmcu' aud hence
the provision for Its continuance ouly for limited
time withrberty to the Legislature to modify and e'
tend n
1t was though. that sales would bs disastrous, made
At such time this while the whole naon was stirred
to lis depths By civil war But the even: has not YER
fed this trsboding Real property here commands as
high price as ever and individuals who are controlling
their properly, unercumbeei, are making daily sales al
satisfactory prices. Surely, creditors ought to be per
milted to obtain the payment Of their debts contracted
| under the circumstances before Indicated.
/ SUITS on THE DOCKET.
There seems to be no sufficient reason for desyng the
trial Of actions aready Instituted Le. the Courts cear
their dockets far they eau of pending suits aud
when the s they may start afresh--may begin
their work with nev zeal unsncumbered By the mass o
htavy, ltga'ed business which now bes.rides aud op
| presses them. .-........ . y --
There are many such ac'i'us at law now pending or
the present docket of the Richmond Circuit Court which
might be tried and disposed Of now, to the advantage
all parties. -, - ~ ~r
OF course, il Witnesses parties absent in acua
service this would bs sufficient reason for con.inu
ance aud be Courts wolli inclined to indulgence in
this resp,c. No other serious difficulty would embar
rass burden the trial The provisions OF the present
stay law, ia efsct amount to perpetual Injunction
the proceeding, Of the Common Law Courts. Parties
Who have sufficiently the spirit Of cOnca.on and com
promise, very rarely enter into g,tlo II they dc
not consent before they reach the Court they
apt to consent to anything afterwards L.. the trial b
dependent upsn consent nos, aud the trial ia newt
ably postponed Courts, Witnesses counsel aud parties
so universally regard 1t.
J .s s- LANDLORD AND TSSLHr
There is no GLASS upon whom tho present stay lav
operates more harshly than upon the 'Andodn class
IL has mt xak ad time 10 rAanh In is d Iaarnns