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The Western Democrat
Charlotte, Mecklenburg County, North Carolina
What is this article about?
North Carolina Senate passed a bill last week requiring valuation of property sold under execution and postponing sales if not at full value to prevent sacrifice. A Raleigh correspondent warns it's unconstitutional 'relief' that could ruin debtors.
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A Raleigh correspondent of the Wilmington Journal speaks of this matter as follows:
"This is one of the many schemes of "relief" now before the General Assembly, but as the Supreme Court of the United States has already decided in express terms the unconstitutionality of a similar act by the Legislature of Illinois, it seems that its passage would be idle and wicked clap-trap, and may lead to dangerous and ruinous ends. Under the false security of such a law, should it again be held unconstitutional, vast amounts of property may pass from its owners for a "mere song," for if the act does not protect the debtor, the highest bidder, however insignificant the offer may be, would secure the property should it be withdrawn after once offered and bids made."
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Where did it happen?
Domestic News Details
Primary Location
North Carolina
Event Date
Last Week
Outcome
bill passed by senate; criticized as unconstitutional by raleigh correspondent
Event Details
The Senate branch of the Legislature passed a bill to protect property sold under execution from sacrifice. The bill requires valuation by two disinterested freeholders, and if it does not bring full value, the Sheriff or other officer shall postpone the sale for twelve months. A Raleigh correspondent of the Wilmington Journal describes it as an unconstitutional relief scheme that could lead to dangerous ends.