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

lowafce to officers for Keeping and maintainirg
horses cattle hogs or sheep and al other proper
IT, the keeping Of whic, may BE chafseabie tothrh
taken into their custody under legal process and
such allowance may BE- retained By the officers out
of the sales Of the property III preference to the
sfactiof Of the process under which the property
was seized sold :; and the officer shall return the
account for such keeping with the execution "un-
der which the property has been seized to the JUS
tice or the court to whom the execution is returna.
bleI" Again. it is our express law, tRev. Code,
chap. 40, sec 9, and chap. 50, sec 16,) that when
any execution shall come to the sheriff or constable,
The shall proceed to levy the same upon the goods
and chattes of the defendant in the first instance,
ifthere be any"
The stay law does not change this provision, and
therefore the officer is bound to seize in execution
the debtors goods and chattels and other movable
property If there be any, and let the land alone.-
Now let us suppose an ordinary case Of execution
against farmer WHO has no slaves, but stocks and
crops Of various kinds. The officer bound 10 seize
the horses. cattle, hogs sheep or the corn, wheat
tobacco, oats and peas of the defendant and Keep
them till the court to which the execution is return
able, and endorse the levy and seizure thereof on
the execution and return it Without mailing snfe
lSuch is the express command of the stay law-Sec
3. y and thereupon the clerk is directed to issue
cenG erponas returnable twelve months thereafter
The rend. erponns does not release the property
from the control Of the officer; and il he INDUCES
twelve months longer Gas seems to be the purpose
Of the law,) he is obliged to keep the property till
the day of sale. In the mean time the grain will be
ruined, and the cost of keeping the stock will be
greater than value. The debt of course will re.
man undischarged, and the debtor will lose his pro-
perty without paying his debt Such necessarily
will be the result if the officer gives the indulgence
seemingly intended by the stay law. But suppose
the officer allows the personal estate to remain with
the defendant of what benefit can it be to the deb
tor II it may not be consumedy Of what benefit
can the levy be to the creditor unless it may be sold
1t is one of the best settled duties of the officer to
sell without delay, carly as he can after giving
notice, all such estate is liable to loss or deprc
citation in value because thereby the largest value is
obtained both Tor the debtor and cree itor and the
officer is relieved of his onerous responsibility.
familiar instance of this and foresight of the
law is found in the attachment law, chap. Z, 6,
which provides for the sale of pershable estate
before the judgment is obtained IT, therefore, the
officer may not in consequence Of the stay law, sell
before at the return court it is obviously his du
ty to sell Immediately after that court, whether
rend. erponas issue not. tIf he do not, and the
corn Is consumed, the stock die, or any of the
articles be removed beyond his reach he is liable to
the creditor for the full value and if he holds and
keeps the property without sale and there be any
loss thereby. he is liable to both. In way alone
then can the officer act both in obedience to the law
and with safety to himself; and that is to sell
early as practicable He ,eiU be tarccd to do So
Now let us see what results: The sale is made so
soon as the uend. erponns comes to hand, and the
money is held by the officer for the residue of the
twelve months, without interest to the creditor IL
kept i: may dcpreciate aud become worthless snd
so the creditor may be ruined by the delay without
its being any aid to the debtor. But sad evil will
spring up in the decentralization of the officer by the
temptation to use the money himself
shall close my comments upon this most extra
ordinary of all laws known to the history of the
State, by noticing the matters excepted from its
operation 10y sections 16 and 10. The former OF
which provides that the law shall not "apply the
collection Of the State or county revenue And
the latter that it shall not "apply to the collection
OF interest on any contract already accrued or an
nually hereafter to accrue"
In regard to the first 1t was wisely considered
that all the public functionarics should bc promptly
paid, and the Judges even fully paid though one
half their services dispensed with and there
fore creditors property should be sold to pay his
tax, although he prohibited from collecting by
process of law. dollar that might DC due him in
order to save that property from sale.
In regard to the second, it was also thoughtfnly
considered, that inasnuch as man had laid out
his means in lands and slaves and annually got the
yields of the earth, and another had lent this very
man all his money whercwith to buy his land, he
ought to be at liberty to collect as his means of liv
ing, the interest the money lent. And this was
right Now say this was thoughtfnlly considered,
but it thoughtfully considered and was it right
utterly to neglect and pass by the laborng man
means of living? His land is his labor, his capital
the industry of his handS--hiS means of living the
sweat of his face; We: he may by hard toll the
wages of day, week, or year, and rely on them
| to feed his wife and children, but now find in
all the statutes of the land not line of law that
! helps him to speedy recovery of his humble dues.
justice in his face and when he demands his scanty
wages of the owner of lands and slaves the lend
of money. for whom he has lahored, he is coldly
turned by the stay law to the delays of three
years suit before justice of the peace to get five
dollars. DAVE.
November, 1861.
A SPEECH FOR ALL TIME
Our attention has been called says the Fayetteville