The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1861-11-12

has been duly and sOlemnly awarded shall not be
! received and enjoyed by the injured party. Il
directs the Sheriff to endorse his levy upon exc
cutions and return the same to the court whence
issued, and thereupon it commands the clerk tc
/ issue a rend erponas, or alias f. fa., returnabe
/ twelve months thereafter The debtor, the tres.
/ passer on your person land, the s!anderer, and
the thief who may have stolen your goods, and
been convicted thereof in action of tort, are all
T huddled together and allowed to enjoy their un-
just gains and Gel"y compensation for their
| wrongs, to the great loss Of the injured man. for
one year longer.
Such is the condition of all plaintiffs, however
meritorious their demands; and such the privi-
leges of wrong and outrage, however palpable and
crying the injuries may be, if the defendant
should be bound to remain in the State and abide
the ultimate and long delayed event of the
suit.
But the act strikes hidden and secret blow,
the consequences OF which protective OF wrong,
disastrous to right, and work perfect revolution
in our mode Of administering justice. 1t enacts
that no execution of c0 sa shall issue Does not
this abolish all bail? OF what use is bail? How
can the bail bond be forfeited, il the issue Of the
81. be prohibited? Did any member Of the
Legislature contem late So radical change of the
law as to dispense with bail in any and all
tions? [ doubt whether any Of them would
admit such to be their intent; and yet who of
them can tell us the value of bail now? Let US
try the question. An nsolvent person is sued for
violently seiZng and carrying away your slaves,
or your horses; he has sold them and given bail
while he holds the proceeds Of such sale in his
pocket ud yment after six years is Obtained
he has 10 visible estate on which execution
can be levied, but he has abundance of invi5-
bic estate and is rich in bonds which the Sheriff
cannot seize-what means are left to compel him
to apply cent to the satisfaction of the recovery?
Ifa lawless and insolvent man chooses to lay vo-
lent hands on your personal estate, and is pro
ceeGlng with it out OF the State, and you resort
to the law for redress of what use will be your
writ of c0pias od respondendnm2 If he gives
the best bail, his body is exempted from seizure,
and the bail is released. If your debtor rcsid-
ing in distant land, shall come hither to
all his property beyond the jurisdiction Of the
courts, by what means will you secure yOur dcbt
if he will defy you! VIII you take an attach
ment If you do he will repevy by giving ball.;
and as the bail cannot be required to surrender
the body the replevin bond becomes the merest
farce. This provision requires citizen of this
State to surrender his debt, his damages aud all
compensations for wrong, though contracted
perperated within its limits, unless he will follow
the wrong doer and his property to his distant
home for redress. Such are the necessary effects
of one Of the many stupendous changes in the ad-
minisration of justice introduced by the stay law.
1t is true that in States bail is abolished up
on certain conditions; but invarby some equiva-
lent 3ecpritv is substituted This act offers unn-
It onens wide the door of temntatiop 70 defrau4
md ra,,;no. # oncon,,roe tba narnatration of evr
iniurv to nrivate rioht and = defiance Of every
cnnrt in the land The law intended to ho the
inst nrotoctor of all is now made too weak TO de-
fend any man, or any cause. Did the people de-
mand this mighty change fthe Legislature? The
effects Of the act NAV he summed in this If re-
moves the shield Of Ieeal protection from the per-
on If danrecatos all contracts If rem 1ers nsacnra
all personal and moyeable estate, and invites per
mapent tresnasses on All real nronertv
Let lis axe another stem in the review of the
stay law. Section twelfth ,,rovides-
S,, ,.r
nat all ueeoS ol 'uS' ana mortgages "eI'al
ter made ana Jnd=n' ntS confessed to secure oebtS
shall be Void as to creditors, unless IS expressly
declared 'nere'h' '''aC me roceInS ol S'ie 'le'e
under snail be aPproprlhted 10 the payment ol d; al"
the debtS ana llaoill'ies oi the hof'SaS'r' equay
pro- r"|"
1t is obvious to every rejecting man, that the
most efficient stay law that can be devised, Will
lie in policy which encourages forbearamce, while
it tolerates and invites, by the best security at
hand, all useful aud convenient trade. Such were
the intent and effect OF the stay laws of 1888, C
>, aud 1872; the only laws Of this character ever
passed in the State OF which we have any knowl-
e lge. But this act after unreason.bly delaying
for many years the tulfiIment Of contracts and
driving money from circulation, and NJ
general boarding by every man who can get 1t,
has even prohibited the creditor from securing his
debt by deed in trust or mortgage (thOE4h freely