The weekly North-Carolina standard., 1869-03-10

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ought to have the benefit of their labors. It
would be contrary to the. interest of the
whole people to pass a law that the labors Of
the widow and children for fifteen or twenty
years should be sold to pay the debts of the
husband and father He hoped the amend
ment would not pass. = sssts, ..F.ss'' 's7'i
Mr. MAYO did not think it fair and honest
after man had had his homestead laid off
and all his other property sold once, that
years afterwards his homestead should be
sold for his old debts.
Mr.. sAReos understood the intent of the
Constitution to be to secure to certain fami-
lies in the State home-nOt the money,
but the property ITSELF He believed The
amendment of the gentleman from Johnston
would virtually defeat that provision; for
p the reason, that if a debtor should expend q
few dollars in repairing his homestead, be-
lieving that he would be- able to satisfy the
creditor, the creditor would have power to
come forward and file his petition before the
Superior Court, and upon making the facts
appear, the homestead would be liable to
sale, and the result would be the home
stead could not be secured to any family.
If debtor made repairs upon his home
stead with money not derived from the
exemption, the amendment would say he
was perpetrating fraud A five dollar
debt and three dollar repair would render
the homestead liable to be be sold out.
Mr. ELLINGTON said the amendment only
provided that where any act went to show
that the debtor had frauduently concealed
upon his homestead any money, the home
stead could be re-assessed and sold out.
Believing that it would close the doors on
fraud, he favored the amendment. 'a4 /
Mr. Bowman infinitely preferred the Goth
section to tile amendment. The amend
ment provided that if the. homestead in
creased in value above 81 900. the excess
shall not be Topped off simply, but the whole
homestead sold out. He believed it to be
against the Constitution to proceed to sell
out the homestead after it had been laid off
and registered That would be defeating
the object of of the Constitution.
Mr. VEST opposed the amendment for
two reasons In the first place, it was un-
constitutional; it provided that homestead
under certain contingencies should be sold
for money, while the Constitution prohibits
that sale, and consequently if we adopt that
/ section it provides if there is any increase in
products of the homestead, it shall be a
fraud. He believed if the amendment were
adopted, the Supreme Court would decide
we had no right to sell the homestead. /
Mr.. MOORE, ofChowan, sympathized with
the creditor as much as the gentleman from
Johnston, but did not think the machinery
which he proposed would be efectual He
thought it a trap by which the debtor
= would suffer. "A homestead might increase
in value to S2500 in ten years. If the
owner were lawyer or physician and
should take five dollar fee and invest it in
few peach trees upon the homestead, that
would be fraud under the amendment (;
and the property could be sold, the $1,000
excess taken away, and the family turned out
of doors. The plaintiff has the right to put
the defendant upon the witness stand and
! require him to swear whether the money was
obtained from an outside source 1t will
take time to make Improvements, and the
creditors can catch the property before it is
applied: the law gives sufficient protection
against fraud The bilfwithout the amend
ment requires six months notice of appica-
ation for homestead exemption, and that
would enable the creditors to look up every
dollar of property outside the homestead ex,
. 5'emL tion, so that this amendment would
have very few cases to apply to. .s3',. ~
iAl Mr.. MALONE favored the amendment. He
though too much anxiety was shown to pro-
tect debtors, without giving creditors suffi
cient consideration. ~ ssi'si'5l % .1'--
sal The House adjourned until II o'clock.
REPUBLICAN MEETING IN RUTHERFoRD.-At
Republican meeting held in Morgan Township,
No. 12, in Rutherford County on the 2Oth Feb.
r, 1869. lI.as,.. .Y 4i..aas 5.yt-g,io,. :.
On motion If Henry Keeter, j. 81. Adair was
called to the chair, and w. L. Blankenship, re-
quested to act as Secretary. 80
ac The object of the meeting having been explain
ed. On motion the Chair appointed G. M. Adair,
James Hill, Elijah Hall, Henry Keeter, D. Blank
enship, P Morgan and George Nanney, Com
mittee on Resolutions and Nominations who
after a short absence returned and reported the
following Resolutions and Nominations. which
!. were unanimously ADOPTED.
1st. We the Republican citizens of Morgan
Township, No. II, nominate ths following Can
didates for the Offices of this Township-foI
3 Justices OF the Peace, j. w. Morgan and A. W.
! Haynes; Township Clerk, PWilkerson; Con,
STABLE, D. W .Mogan, Dr.. mao ~ i.,.- l..
2nd Resolued, That we heartily endorse the
great principles of the Republican party as laid
q down in the Chicago Platform OF May 2lst. 1869,
asupon which Gen u IS Grant and Schuyler COlax
were nominated and elected to the Presidency
and Vice-Presdency Of the United States
-3rd. Resotyed, That Industry ard 1mpro yement
are recommended to the citizsns of Rutherford
County, and that Immigration is earnestly inyit
ed to this County and. Immigrants will receive
! hearty welcome from us all. !, 49,
4th. Resoloed, that we will welcome into oui
ranks, those who have been hostile to the Gov
ernment of the United States, but now frankly
and honestly cooperate with us in restoring peace
h to the Country, upon the basis of Impartial
Justice, and Equal Rights to all. -. g.,
9Th. Resolyed, That copy of the proceedings o
this meeting be sent to the Star for publication
The Standard and Pioneer are requested to copy
On motion the meeting adjourned.
j. H, ADAIR, Chairman.
oo NJ. L. BLANKENsHiP, Secretary. q 81 o.
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