The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1868-08-19

tion of the borrower at least, part OF tile
II utterly leaves to the old law all con-
tracts embraced within the provisions of the
stav law of the Convention, ratified on 18th
March, 1868. =,
9. It excludes from its provisions, until
Judgment has been obtained, all contracts
made prior to its ratification, (see sec. 81
Thus it will be seen it applies, in the celeri-
ty its action, so far as it relates to contracts
OnEy to those made after its ratification and
Nah a full knoscletlge Of its procisions.-
With respect to these, it proposes to inaugu-
rate a new era of punctuatity and credit,
and of the prosperity which in poor COM
munity. can only spring from credit
The people of North Carolina are very poor
in money; they own fertile acres spreading
wide under prolific sun, and mines of the
precious and of the more precious metals,
called common). These may slumber
for years without money, and money
comes slowly except through credit.-
How can we create credits By pune
tuality. And how create punctuallty p
by law, and by law alone. Let the law en-
force punctuality; let the people Of North
Carolina learn that the great law of business
is, that slime is of the essence of the con-
tract" and incur no debt that they do not
expect to meet at maturity; if they want
time let them contract for time, and not
take time in defiance of the contract, and at
the loss of future credit. Then we may ex-
pect that the secret boards of the fru-
gal among ourselves will be offered to loan,
and even that the vaults of the hanks of
New York their doors<on golden hinges
mill h< 81,
On reasons like these, the introduction of a
novel celebrity in the administration OF JUS
tice in cases of new contracts, may he rest
ed. In cases other than those of contract,
or where there is real controversy, no one
has ever doubted that a prompt decision,
is as necessary for the interests of the par
ties as it is for the public good. Interest
reipu6licae, ut sit. tinis litium."
III. TRIAL AND JUDGMENT.
On these very important subjects, little
need be said. No essential changes have
been introduced, although there are several
minor ones, all calculated to facilitate the
despatch of business, and economize ex
pense. As examples of the various WAYS in
which these objects are sought to be obtain.
ed, we refer the reader to Title Y, sections
Oil to 249
". APPEAL.
In the matter of appeals, very important
change has been made, the utility and adj
vantage of which, can admit of but little
difference of opinion. By the old law if
judgment was rendered against a person,
no matter how reasonable might be the
doubt resting upon its propriety in law, or
how much even the Judge might desire his
necessarily hasty and imperfectly considered
opinion to lie reviewed by a tribunal having
both the time and the means of thorough in
veStigation, yet no appeal could be
taken in civil action unless the appellant
gave bond with surety, absolutely to pay the
final Judgment. Obviously, this in some
cases imposed on the appellant, either the
necessity OF securing demand which lie he
lieved illegal and whose legality was doubt
fui, and which his property liable to cxecu-
ton, was insufficient tn pay, or else OF losing
what every man should OF right have, the de-
cision of the highest tribunal of the State,
upon his controversy. The old law imposed
as condition of the enjoyment of this right
by the appellant, that he should put the op-
posite party in better condition, than he
was simply by the judgment of the Infe-
rior court in his favor.
The new system imposes no such onerous
and unjust condition, neither does it de-
prive the successful party of anything which
10 tho ies;.:~. E-:4r L. j;-l-----0-A-r
allows an appeal without surety. but it does
not suspend the execution until surety is
given Under this system there can be no
such thing as one law for the poor and an
other for the rich-the highest court is
thrown open to ALL Every man may have
the law declared and applied to his case, al
ter due deliberation by the tribunal created
for that purpase See Title XIII, sections
291 to 800.
V. EXECUTION OF JUDGMENT.
Chief Baron Gilbert, in his old book on
the law of Executions, quantity observes,
Prosecutio legis, graois est verateo, esecutio
legis cOr0nat opus" and again, "ErecutD .1fnis
ct fructus est Legis"
These maxims should not be forgotten by
law makers.
By the old law, if the judgment was for a
specific thing, house or horse for exam
pie, it would remain unexcuted for from
three to six months, the wrongful party in
the meanwhile retaining the possession, and
1t may easily he conceived in what condition
the house and the horse were generally found
to he. when restored to the owner
If the judgment was for money, it was col
lected, ut collected at all LATTER the same delay;
and what was worse, although the defend
ant might have money or debts owing to
him. or stock in the Bank to an amount ex-
ceedng his Indebtedness, yet, unless he had
tangible property, nothing could he collect
ed except by a very circutous, dilatory and
uncertain process
Than such system nothing could be
better calculated to injure private credit.
and the fact VIGOROUSLY is, that the CAPT.
talists of North Carolina have always pre-
terred loaning their money at the North, to
loaning it at home, on the best securities a
fact which can only he accounted for by at
trlbuting it to their apprehension of the de-
lay and uncertainty of the recovery. 1t is a
truth so plain as not to need proof, that
private credit can only exist where there
is security. Just in proportion to the GER
tainty, the facility and punctuality with
which debt can be collected, is the facility
with which credit can be obtained. But we
have said enough on this topic already, and
notwithstanding its Importance, forbear
repetition.
Under the new system, it isprovided not only
that the tangibleproperty of judgment iel,-
TOR may be taken to pay the debt, but that
1t may he promptly done; and if he has
money, or debts owing to him, or stocks or
shares in company, all these may be ap
pled to the payment of the execution.
There may be some who will be inclined
10 think it harsh, to hold men thus rigidly
TO the performance of their obligations. But
we beg such kindly disposed gentlemen to
follow US in few reflections, not novel or
difficult at all, but which we think have