Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1861-11-02

lie tOHOWln8 examples OIL some oil us tnaiiy
unreasonable fruits: /. lf debtor be under exc
cntion, his lands, slaves crops may be sold to sat
isly the debt yet he is not allowed to convey 1t in
trust to secure the debt and postpone the sale,
sunless it is expressly declared therein, that the
proceeds Of sale shall be appropriated to the pay
ment of all his debts and liabilities" This pro-
vision leaves the creditor alternative but to SELL
unless he will subject his debt to the hazard of be-
ing paid pro rata with every liability Of the debtor
as well these in which he is surety only as those
which are his own debts 2. If debtor who is
such, either principal or only as surety, wish to
purchase tract of land, slave or other property
a 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 surety or principal. Yea, he can
not secure his Suretes without being compelled
to secure at the same time and equal footing, the
debts wherein he is surety himself g. If a man
would borrow money to pay his taxes, State or Con-
federate, heavy as 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
not confess Judgment or make deed in trust,
without Subectiug himself to be sold out to pay all
his liabilities Of every sort No, he cannot even
give such lien on 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 depre
citation consequent the times be sufficient to pay
the debt 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 iaclu-
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-abiding people we have
been, one would have supposed that the stay law
would have been content with the delay consequent
on aboliShng 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
year for the trial and hearing of all at law and
IN county; and then also, fOrbidding a debtor or
purchaser to give any lien OH property to raise
dollar, or to secure the purchase money, unless he
would provide also for debts wherein he was only
obliged as surety. But not so; the officer of the
law Is inSIdlousiy approached and the stream Of
justice is polluted at both ends. The stay law
found n long standing statute, 4 century old 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-
actment of its own extraordinary delay Of four five
or SIX years, repeats the old law to every fine
incurred since the passage Of the stay law of May
and also as to every fine thereafter incurred by rea-
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
is quietly approached and assured that if he ne
elects to execute either both he will be in no
danger, except what may belall his conscience in
the violation Of his official oath. 1t is probable
land some have chartably supposed SOY that the act
to al.
been incurred, or might be incurred, by sheriits
who may have acted under the supposed validity of
the stay law of May. But the language is too ex-
pllclt to admit of such construction; and the
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 a century re-
eved of all legislative penalty if he wilfully ne
elects, out OF friendship to friend or enmty to a
Toe, to serve writ to bring the defendant to court
80 that after one sues, there is certainty his writ
will ever be served; especially if the debtor is the
officers kinsman, or friend, or an influential man.
NO Sutor therefore, reasonably calculate at what
time alter the writ is issued the defendant will be
IN conrt And even when the judgment, after years
oil delay, may at last be rendered and the final pro-
cess oil execution shall come to hand, the officer is
iniormed that he incurS no penalty if he shall refnse
to make the money.
Or if he makes it and returns satisfaction and
wlthbolds the money-or if he neglects to make the
money and suit is brought against him and his
ties, the delayed and sickcned plaintiff Tor most
likely his executor or administrator must tread
over again the ma; round of another suit conduct
cd under the machinery of the stay lac. And this
suit in all probability is destined to end its career
in like manner During all these many years, the
sultor is taxed to support a judiciary established
Peaceably to protect and effectually to defend his
civil rights
But if it not the intent of this law to repudi-
ate all past and future contracts by the force of
legal chase around never-ending circle and there
be left really any law to compel the sheriff to an
upright discharge Of his duties, it is most difficult
thing to advise the officer how to proceed to
secure himself, and at the time give the indul
gence intended for the debtor Thus the act re-
qures the sheriff as also the constable to levy exc
cutons, issuing on judgments rendered before the
passage OF the law, on property sufficient to dis
charge the debt and return the levy the succeed
ing court, and then that ren9 erpoRdS shall issue
returnabe twelve months thereafter. To proper
understanding OF the operation of this section, it is
necessary to bear in mind the nature and effect of
Levy. levy on land is very different thing from
that on personal estate. When land is levied or,
the law does not require the officer to enter take
possession and turn out the proprietor, but simply
to endorse his levy thereof on the writ. Indeed it
would have been supertuous to require more than
OSSduSo tue put OuI vi way
But indifferent is the case of levy personal
ty The law requires of the sheriff to seize and take
into his possession and hold adversely against the
possession or occupation of the and all others
all personal estate, which admits of such exclusive
possession. Thus the sheriff is required to take in
to his possession when levied on slaves horses cat
tie hogs, sheep, corn, wheat, tobacco, household
furniture, and every tangible and movable thing
and authorizes the officer to take the articles away
for safe keeping till the day of sale. This is allow
ed to be done because the officer is liable for the
value of the property levied on from the hour of
levy; and If removed out of his reach by his allow
ing it to stay with the owner he is responsible for
its value to the creditor. And if he neggently al
lows stranger to take it away against the consent
of the owner the execution is discharged to the
debtor himself, to the extent of its value. Hence
when such property is once levied on, there is no