Milford chronicle., 1883-08-17
DRAWBACKS TO TIE PROSPERITY OF
DELAWARE, NO, 3.

one, ana It's cODimerclal ana manuTac
=. turing interests in the past having
been comparatively small, the laws re
!, lating to mercantile and financial mat
ters are far behind the age, as cOmpar-
ed with the more liberal policy and
:. laws in states having large and import
o ant manufacturing and business inter
: ests. The operation of the laws for
+ the'collection of debt in this state and
! Maryland, have not only injured the
{ credit of their people, but given both
2 states a most unenviable reputation
+ outside of their own boundaries. We
will eXemplify this by drawing atten-
ton to the system of giving judge
ment notes, the mode of collecting
them, and the evils arising therefrOm,
for it fully justifies the legal maxim,
S,smm,m jus, SlmmG iyuriG.-Extreme
law, extreme injury, or OPPRESSION
We will first show how it operates in
the purchase of land. An immigrant
comes from another state and buys
farm He is generally induced either by
persuasion or by the cheapness of the |
land, to buy more than he can pay all
cash for, but instead Ofgiving a simple
mortgage on the land for the balance
due, he is persuaded to give Judgement
notes also. If he fails from any cause,
even if it be beyond his control to pay
the interest on the day it comes due,
the note is handed to the sheriff, who
Immediately seizes the property and
sells it at public vendue, it generally {
being bought in by the original owner.
The immigrant buyer is not allowed
days grace nor is any mercy shown
him, even if he can show that he can t
pay if allowed few days grace. He b
gets away from thestate as soon as pos
sible, cursing the state, its laws, and 5
its people. This legal cruelty has been a
so very often perpetrated that in some n
of the outside states the states of Mary u
land and Delaware have a most unen- ;r
viable reputation, the inhabitants
worst class of land sharks. OF course
his is too severe a judgement, for in NJ n
hese states there is no doubt a large by
majority of upright, generous, kind an
learted, liberal people; but they must oV
hare and bear the Odium, while they 60
'ermit laws to remain on their statute do
Ooks which enable rapacious men to to
o wrong legally. This legalizing ra- we we
acity has done more than all other ami
auses combined to keep out intelli- SCI
ent, well-to-do immigrants from hh
lese states, and largely thwarted the iol
ndeavors of honest real estate agents
} induce immigration. D,
In most of the states north, east, and ha
est, when an immigrant buys land an
I'D desires to have part of the pur- hi.
lase money remain on mortgage he HC
YES a simple purchase-money mort tn,
ige on the property, to draw legal in on
rest, for a term of years as agreed on
)On between buyer and seller. If the VII
yer fails to pay his interest money, nil
e taxes on the land, insurance on the IT,, To-
ildings &c. the holder of the mort
&c can take legal measures to enforce -
5 rights by proceedings in foreclo-
re. This requires from three to six W
1nths to cOnsummate, and the mort
gorcans top these proceedings during
Is time by paying the interest due
d the legal expenses incurred up to
, time of his doing so. In many
ties even after sale has been, the
'rtgagOr has the right of redeeming 4
property for two or more years, Groc
on paying the amount of the mort ~, ~,
se, with interest and legal expenses Sci
led. His real estate cannot be ta-
from him by the summary process
1uirk, Cannon and Snap; because
annot be carried off like personal
perty, it remains a permanent Sc
ity and is therefore entitled to diff =,
INT treatment from the latter. on M n
We have known of instances where FnggIi ing :
MS sold in Maryland and Delaware I also
e represented to contain a specific amin,
more or less)number of acres, and SoUl
ght on such representation, the m
er afterwards finding that it was
n ten, to twenty five per cent short
he acreage as represented. He had -
IN judgement notes and there was H
redress for him. Had he given a "
pie note he might have obtained
'ess as he would have a legal de-
e if he did not pay it; or if he gave W