The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1869-03-17
NO. Ii.

that could be done without violation of the
Constitution and the decision of the Su-
preme Court. These bills had been submit
ted to some of the best constitutional law
yers in the State, and he had heard 10 gen
tleman of high legal ability express doubt
as to their entire constitutionality. The
first bill, the bill to regulate the pleadings
in certain cases, repeals that part of the
Code of Civil Procedure, and restores the
old law on that subject which was in force
at the time the debts weie contracted. It
would give defendants at least twelve
months without any seeming injustice to
the creditor Under the rules of practice
now in force in North Carolina where
plaintiff verifes his pleadings on oath, the
defendant must come up within thirty days
and deny on oat,ror the plaintiff proceeds
to Judgment. Under this rule of pleading
Judgments are being obtained daily, and
creditors who hold claims, and who do not
desire to pursue and obtain judgments are
forced to do it, because merciless men who are
co-creditors are sweeping forward to take
every bit of fproperty, and hence every cred:
itor is forced to bring in his claim or be de-
feated entirely. ,.f, -. - -'''-
The second bill relates to proceedings be-
fore magistrates 1t directs that all sum.
mons shall be made returnable within 90
days, which has been the law for years. It
also provides that at the expiration of that
time the defendant is required to come up
and enter his pleas, and the justice may con-
tinue time of trial not beyond 80 days the,
second time, at which time it may be compe-
tent for the defendant to demand a Jury to
try the claim. If either party is dissatisfied
with the verdict, he may appeal to the Su-,
perior Court. This only allows the debtor
such means of obtaining justice before the
magistrate as may seem right and proper.
q The third bill repeals sections /, 2,3, 4,5,l
G, 12, 13, IA, 16 and "a, of chapter As of
Revised Code. These sections provide the.
means by which real estate can be sold un-
der execution. The bill repeals the writ of
scire tdcias, and throws action back upon
the old common law writ Of elegit, which
does not authorize the sale, but authorizes
the sheriff to take possession of the lands
and pay the debt out of the rents. This
bill, with the other two, has been subjected
to careful scrutiny, and there is believed to
be no constitutional objection to either of
them. He was willing to vote for any bill
which would give the people relief, which
was not in his opinion unconstitutional.
After a fair discussion, he should call the
previous question. go, -.,5;.fT'.sF
Mr. JUSTICE, of Rutherford, favored the
bill. 1t is impossible to pay debts without
money. People cannot pay, 30 per cent in
terest to pay debts. Until we pass a law
giving the people circulating medium at o
fixed rate of interest, we must give them
protection against old debts. -, ss;s'1s
Mr.. VEST offered an amendment that Moth
ing in this act shall apply to debts contracted
previous to the first day of May. 1866. He
thought after there was an exemption of
81 500 it was not just to allow him to hold
any more property from the payment Of his
debts, ,,,.l,,r ,.,,f 80.
Mr., INGRAM should support the bill. He
had received letters ever since before he
came here, calling his attention to the neces-
sity of relieving the people from indebted
ness. It has been said We were legislating
for the debtor against the creditor We are
all debtors and all creditors, and the bill
that will give relief, will assist both debtors
and creditors. .,-~.1,r r.is. ., III
Mr.. DowNING said unless relief were given
moneyed men would be able to purchase
land for mere song, This would produce
landed aristocracy. He was informed that
unless relief were given, one-half of the farm
ers in some counties would not be able to
to make crop. He proposed to amend
section one by striking out the words, g en-
tered into before the Oath of, August. 1867
so as to make no distinctions between
debts. ~, q, f.,,;fe sz...,s,. ,ss.f 80
Mr. Bowman said, in actions of ejectment
that might accession some delay where, q
man Was. in possession of land as tenant.
| Mr.. MALONE thought, the Code Of Civil
| Procedure was too rapid in allowing the
creditor to obtain judgement before the
clerk of the. Superior Court. The bill pro.
| posed to make writs of summons returna-
bic to the term of the court next succeeding
| the issue of such writ. This would give the
debtor some months to arrange his affairs.
Mr.. HARRIS, of Wake, said if the proper.
| ty of the State were now sold it would fall
| into the hands of nonresident speeulators.
Then the poor men ofthe State could not
buy anacre. He was. not in favor of any
law by which dishonest man could shelter
himself. q He thought the amendment of Mr.
Vest would have. the effect to throw seven
tenths of the laboring people of the State
out of. employment, consequent upon the
general arrangement and distress among
property holders caused thereby. / lisdS-
Mr.. VEST believed his amendment would
only effect the men who held large amount
of property, and were deeply in debt. .i1a.
Mr.. Bowman said the amendment would
defeat the object of the bill, for the indebt1
ness contracted since May 1st, 1865 ,wasyery
small. ut 5ia# caR ,si93aud ssnrIi bs5sI
Mr.. Renfrow opposed the bill, for thu
reason that the $500 exemption was sufh'
cient, when taken with otherspecial exemp
tions The effect of these exemptionswas te
destroy the credit of men worth less thar
$500. The moneyed men were bound tc
get possession of most of the property of tht
1 State, because credit was destroy edg By
| these exemptions. j. 9sh ara oil.
| Mr.. RAeLAND said any man who voted
against this relief billwould go. politically
to shat undiscovered country from lwhos'
/ bourne no traveller returns" f.g3lT
Mr.. JARVIS offered substitute for the bill
| Mr.. ARGo moved to refer the whole mat
| to special COMMITTEES Of seven, witt
1 instructions to report tomorrow morning
and that the subject be made aspecial ert1e
/ for II o'clock. 7.eiii
The motion was agreed to-; and the Chair
appointed Messrs Bowman, Rasiand, ALI
son, Malone, Jarvis, Moore Of Chowan ant
Arge, the special committce. 2''y'
On mota.n of Mr.. BOWMAN, the rules wer
| suspended and bin TO lcgalze an election
| held on the 4ti, day of january, 1889, in th
town of Marion, Mcdowell ceANnty, passet
its several readings
| hOnhi nsotion If Mr.. FREScH, the rules wet
| suspended, to take pbill to incorporate th
| Cape Fear Agricait nfal5 Association. @sae
Mr.. hEARy moved to cnncnr in the 'repoi
of the Committee to amend by striking on
tho appropriation of 500 to each of tn