Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1878-02-08

much better protected in his rights in
many of our sister States. But instead of
advancing and making ourselves equal to
the occasion by so amending our laws as
to make our broad acres serve our inter-
ests in this way, as our slaves did previous
to the war, We have been deteriorating.
Our statute books had on them up to the
year 1872, law providing for writ of ell
egit, writ familiar to all legal gentlemen,
by virtue of which the sheriff or officer
having charge of its execution could take
charge of the defendant S land, impannel a
jury, assess the value thereof, and deliver
the same to the plaintiff. to be rented or
otherwise used by him until his debt, un-
der assessed value Of the jurors, was dis
charged. But the General Assembly of
1912 in it's wisdom saw fit to abolish this
writ and no mode is left now but the slow
process of Chancery suit.
In order to show the Importance of some
additional legislation in this matter. we
can be the better understood by giving an
illustration of the present mode of enforc-
ing collections. Say A. owns valuable
tract of 100 acres of land, B. loans him
$500 when due, B. demands payment
which is refused. What is BIS remedy
The only remedy left him is to institute
suit in the Circuit Court. Of these we
have. in the country, only two terms
year or three or four at most. After in
stituting his suit he gets judgment, pro-
vided no defence is set up, sues out his ex-
ecution and places it in the Sheriff's hand
for collection. A has personal effects in
addition to his land subject to distraint
under writ of execution, worth $1,000
but the prices of grain &C., don't suit his
ideas and he thinks more can be gained by
holding. He pleads his homestead, claim
ing all his personal property as Home
stead-under the law he can elect to
claim either real OF personal property as
his Homestead. The sheriff returns BIS
execution ''no effects subject to levy"
B then files his bill IN chancery to subject
A's land to the payment of his debts and
gets his case set for hearing at the next
term. The next step is reference to
master Commissioner for an account of liens
and, if no liens, the rental value of the
land At the third term he gets decree
for sale on one two and three years time
with power of resale in case of default of
purchaser. The year passes around, the
first Of the deferred payments comes due
and is defaulted and probably falling due
OF VIII c,,it Io NJ
be maintained, the next term thereafter
BIS attorney. preferring a resale to running
the risk of securities claiming the Home
stead, and thus losing another year
comes into court, at the end of two years
after the sale, and takes rule returnabie
to the next term to show cause against re-
sale. At the following term a decree for
resale is entered again-on time again, and
no money yet.
Now all this delay frequently occurs
where there is no defence. To this add
few continuances, had at AS instance,
and you get some idea of the delay and
trouble B is put to in obtaining his money,
where there is nothing wanting but prop
er statute for his protection. Who is
benefited by this never ending litigation?
AS farm is finally consumed in commits
sions, interest and so forth; B has spent
a good part of his in attending courts and
so forth The business of the courts are so
stagnated that many sheriffs and clerks
have to be supplemented by levy on the
county treasury, and the last, but by no
means the least, evil result is that public
confidence and trust is wholly destroyed,
andWe daily see men, who have money to
loan, but are afraid to trust it on the uncer-
tainty of the security. And who is to suffer
in the end? The poor man and the farmer.
for whose benefit the demagogue and
politician would have you believe, all the
relief laws are made. This is the evils
there no remedy? We think there is. One
mode would be the adoption of the statutes
for enforcing the collection of debts against
real estate, now in use in some of our sis
ter states-say that Of Kentucky. We are
informed that the Kentucky statute pro-
vides for a writ commanding the sheriff to
advertise the land, just as with us he does
personally. Where the land does not bring
three-fourtbs of its assessed value he is re-
quired to bid it in and make that return.
and second writ is given him, possibly in
the nature of our rendationi egponas, un-
der which the land is sold for whatever it
will bring. The aid of the chancellor is
only invoked there for enforcing the col
lection of debts where the lands are badly
covered With liens. and rights of various
lien-holders, are to be settled. Why would
this be an improvement on our statutes
IN this regard? First, because it would
enable the farmer to utilize bis property
ihe would need no other security upon
which to borrow money; second, because
it would puk. and keep. in circulation all |
the money within cur own borders; third, |
because it would revive the civil dockets of
the County Courts at less expense, make
5he office of sheriff self-sustaining, and
;hus relieve the counties of supporting
hem by taxation, and lastly, because it
would restore confidence and invite foreign
,apital into our midst. .4