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

~ I
lowancc to officers for keeping and maintaining
horses cattle hogs sheep. and al other proper
ty. the keeping of which may be chargeable to them
taken into their custody Under legal process and
su;h allowance may be retained by the officers out
OF the sales of the property in preference to the sat
isaciion Of the process under which the property
was seized sold !" aud the officer shall return the
account for such keeping with the execution I'M
der which the property has been seized to the JUS
tice or the court to whom theexecuton is returna-
bic T" Again, it is our express law, (Rev. Code
chap 45, sec. q and chap. 50, sec. 16,) that when
any execution shall come to the sheriff or constable
he shall proceed to levy the same upon the goods
aaid chGttelS of the defendant in the first instance
if there 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 Of execution
against farmer who has slaves but stocks and
crops Of various kinds The officer is bound to seize
the horses, cattle hogs sheep, 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 making Sule.
Ouch Is the express command of the stay law-Sec.
b. y and thereupon the clerk is directed TO issue
peRd. erponds returnabe twelve months thereafter.
The Ueld. erpOnds does not release the >property
from the control Of the officer; and if he INDUCES
twelve months longer, (as 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 its value The debt Of course will
main undscharged and the debtor will lose his pro-
perry without paying his debt. Such necessarily
will he 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 he to the deb
tor If it may not be consumed? 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
sell without delay, early as he can after giving
notice, all such estate is liable to loss depre
citation in value because thereby the largest value is
obtained both for the debtor and creditor and tue
officer is relieved of his onerous responsibility
familiar instance of .hIS and foresight of the
law is found in the attachment law chap. = sec. 6.
which provides for the sale Of pcrishabe estate
before the jud gment is obtained IT, therefore, the
ohcer may not in consequence of the stay law sell
before, or at the return court il is obviously his du-
~ to sell 1mmSdigfeiy after that court, whether
rend. erponas issue or not pr he do not and the
corn is consumed or the stock die, or any of the
articles be removed beyond his reach he is liable to
the creditor for the fell value and if he holds and
keeps the property without sale and there be any
loss thereby, he is liable to BOTH In one way alone
then can the officer act both in obedience to the law
and with safety to himself; and that is TO sell
as early as practicable He oW be forced TO do So
Now let US what results: The sale IS made so
soon as the UeHd. erpondS comes to hand and the
money Is held by the officer for the residue of the
twelve months, without interest to the creditor IF
kept 1t may dcpreciate and become worthless and
so the creditor may be ruined by the delay without
its being any aid to the debtor. But sad evil will
spring up III the decentralization of the officer by the
temptation to use the money himself
shall close my comments upon this most extra
ordinary oil all laws known to the history of the
State, by noticing the matters excepted from its
operation by sections IL and -. The former of
which provides that the law shall not "appy to the
collection of the State or county revenue" And
the latter that 1t shall not apply to the collection
oil 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 functonaries should be promptly
paid, and the Judges even fully paid, though
half their services dispensed with and there
lore creditors property should be sold to pay his
tax, although he was prohibited from collecting by
process of law. dollar that might be due him in
order to save that property from sale.
In regard to the second, it also thougktfully
considered, that inaSmuch one 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 wherewith to buy his land he
ought to be at liberty to collect his means of liv-
ing, the interest on the money lent. And this was
right Now l say this was thoughtfully considered,
but was it houghtfully considered and it right
SO utterly to neglect and pass by the laborng mans
means of living? His land is his labor his capital
the industry of his hands-his means of living the
sweat of his face; yet he may by hard toll the
wages of day, week, year, and rely on them
to feed his wife and children, but can find in
all the statutes Of the land not line of law that
helps him to speedy recovery of his humble dues.
The stay law has unfeelingly shut the door of
justice in his face and when he demands his scanty
wages of the of lands and slaves or the lend
er of money, for whom he has labored, he is coldly
turned over by the stay law to the delays of three
years suit before justice of the peace to get five
dollars. DAVE
November, 1861.