Secrets of the Late Rebellion, Now Revealed for the First TimeFreese, Jacob R.
History
Secrets of the Late Rebellion, Now Revealed for the First Time
Freese, Jacob R.
United States -- Politics and government -- 1861-1865
return." One other matter the court explained in this case, which was
not explained in the first, namely, why the goods were not sold at
public sale, and the money, instead of the goods, turned over to
claimants. He said: "It will be observed that by the rules of procedure
adopted in these cases, the court is quite as careful to protect the
interests of debtors as of claimants. In ordinary actions for debt, in
courts of common pleas, the goods, after being attached or levied upon,
are put up at public sale and sold to the highest bidder, and the money
received at such sales paid to claimants. In such cases it often happens
that, even in a market, goods do not bring one-half and sometimes not
one-fourth their real value, and the defendant of course has to suffer
the loss. If the goods seized here were thus exposed to public sale, at
this time, when two-thirds of its ordinary inhabitants have fled from
the city, and when there is little or no market for anything outside
of army stores, they would not bring one-fourth their cost; whereas the
same goods taken to a market, will sell for about their original cost.
Hence the rule in the proceedings whereby goods are assessed by three
disinterested persons, and turned over to the claimants at the prices
fixed by the commissioners. And the court begs to add--though not
boastfully, since it only performs a duty in so doing--that, because of
the absence of the defendants, doubly the care is taken that the full
market value is fixed to each article turned over to the creditor; and
that in every case the court carefully supervises the schedules, to see
that no mistakes have been made.
Public-domain text, read in full here on John Shaqi.
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