The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-19
CONVICT FARMS
FOR EACH COUNTY
Continued from First page.)

tC0ntlnued from FIRST Page.)
table ON motion of Mr.. Smith. who in
introduced the measure. His action was
in Difference TO the recommendation of
, the committee.
The Senate bill to incorporate the Hert-
ford Banking Company passed its second
and third readings.
AN IMPORTANT BILL.
The Senate bill to amend section 1876
OF the Code relating to deceased mort
gagees and trustees Occasioned some lit
tie discussion, and was amended two or
three times before being finally passed.
The bin provided that whenever the
mortgage in a deed of mortgage or the
trustee in Z deed OF trust should die be-
fore the execution of the power of sale
contained in the mort gage or deed of
trust, his executor or administrator
should execute the power of sale and the
other powers conferred upon the mort
gage or trustee by the original instru-
ment.
The committee to which the bill had
been referred reported an amendment
providing that this power of sale should
be executed by the executor or admin
istrator only upon the written request o.
creditor, and recommended that when
so amended the bill should be passed
Judge Conner spoke in behalf of the
bill as the member of the Judiciary COM
mittee who was asked to report on the
bill.
Judge Graham opposed the bill and
contended that the provisions thereof
might allow an unfit and distasteful per-
son to step into the place of the deceased
mortgage or trustee, and that while the
bill with the amendment proposed by the
committee provided that the sale should
be made only upon the request of
creditor. thus securing the creditors, yet
no provision was made to protect the
debtor from having foisted upon him
person VINO is distasteful to him
Judge Allen, of Wayne spoke briefly
in behalf Of the measure, arguing that
if an unsuitable person should thus come
into the place of the mortgage or trus-
tee the courts would, in the exercise of
their equity jurisdiction, upon the petit
ton OF the agrrieved debtor. remove such
person.
Mr.. Simms, of Wake. offered an amend
ment which provided that the operation
of this act should be restricted to only
those deeds of trust which are made
for the purpose of securing a debt. He
argued that by this provision, there
would be no substitution of an executor
or administrator under the operation of
the act that would be Objectionable.
Judge Conner stated that, after CON
si6eration, the committee deemed this
amendment wise ana proper one. and
would accept the same. and ask that it
be considered as an additional part of
the report of the committee.
MIR. Simms then argued that the bill
was a good one, and ought to be passed
for the reason that, under the opera ton
Of it's provisions very much time and
expense would be saved in many cases:
that if the executor or administrator
should be a suitable person, he could
without delay or court costs execute the
power of sale, while on the other hand, if
he should not be suitable person, the
parties aggrieved could have him removA
ed; so that the parties in interest would
have everything to gain and nothing TO
lose by the operation of the act.
Judge Graham offered an amendment
which provided that a clause should be
added TO the end of the amendment pro-
posed by the committee, providing that
the sale could be made only upon the
joint request OF creditor and the debtor.
Mr.. Seawell, OF Moore, proposed an
amendment which ne afterward withdrew.
Mr.. Bradshaw. of Person offered an
amendment providing that the executor
or administrator should give bond before
making the sale. This amendment was
lost.
On the amendment offered by Judge
Graham the ayes and noes were called,
but it was lost by vote of 50 to So
The ayes and noes were called for on
the original bill as amended by the com
mittee and Mr. Simms, and the measure
was passed by a vote of SO to %, and
sent to the Senate for concurrence
The law at present provides that the
executor or administrator of deceased
mortgage may execute the power of
sale conferred in the mortgage, and this
bill Incorporates the same provision and
extends its utility to the cases of de
ceased trustees.
TO FACILITATE BUSINESS.
The bill to facilitate the business of
the General Assembly, introduced by Mr..
Whitaker, of Forsyth, was the next mat
ter upon the Calendar This bill had been
printed by special request of Judge Con-
nor, chairman of the Committee on
Rules. He now asked that the measure
be re-referred to the committee as it's
Importance and the fact of it's being
such a departure from accustomed meth
DDS seemed to require further consider
alton.
Mr.. Whitaker said that the most i'm
portant provision of the bill was that re-
curing the printing of the Journal and
Calendar during the session, just as soon
as there was enough to make a form.
Thus members could keep before them
everything chat had been done, and the
entire work would be completed in a few
days after the session was over, instead
of several months.
There was some brief discussion as to
the adbisability of certain provisions of
the bill, until Judge Connor put his re-
quest in tbs form of a motion, which
prevailed.
The substance of the bill is as follows:
Section l. Petitions, memorials, re-
mons;rances, bills and resolutions may
be deposited at any time during the SEES
sion in box to be known as the Bill
box, which shall be under the immediate
charge of the clerk Every bill shall be
in duplicate and both shall be endorsed
with n statement ha titIo oaao.o,