Brouillard, T L

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North Dakota Law Review Volume 6 Number 9 Article 5 1929 Report of Committee on Law Enforcement T L. Brouillard Follow this and additional works at: https://commons.und.edu/ndlr Recommended Citation Brouillard, T L. (1929) "Report of Committee on Law Enforcement," North Dakota Law Review: Vol. 6 : No. 9 , Article 5. Available at: https://commons.und.edu/ndlr/vol6/iss9/5 This Report is brought to you for free and open access by the School of Law at UND Scholarly Commons. It has been accepted for inclusion in North Dakota Law Review by an authorized editor of UND Scholarly Commons. For more information, please contact und.commons@library.und.edu. BAR BRIEFS"Sec. 8074. When Proceeding Enjoined.Sec. i. When a mortgagee or his assignee has served notice ofintention for the foreclosure of a mortgage and within the thirty dayperiod provided by such notice it shall be made to appear by the affi-davit of the mortgagor, his agent or attorney, to the satisfaction of aJudge of the District Court of the County where the mortgaged propertyis located that the mortgagor has a legal counter-claim or any othervalid defense against the collection of the whole or any part of theamount claimed to be due on such mortgage, which proof must be madeby affidavit stating the facts and shall not be on information and belief,such Judge may by an order to that effect enjoin the mortgagee or hisassignee from foreclosing such mortgage by advertisement and direct thatall further proceedings for the foreclosure be had in the District Courtproperly having jurisdiction of the subject matter and for the purpose ofcarrying out the provisions of this section service may be made upon theattorney or agent of the mortgagee or assignee, or upon the Sheriff ofthe County where the sale under such foreclosure is to be had.Sec. 2. Provided further that after the expiration of said thirtyday period provided for in said notice of intention to foreclose an ap-plication for an order enjoining the foreclosure by advertisement shallbe made only on motion; which motion, together with the affidavitsused in support thereof, shall be served upon the attorneys or agentsof the mortgagee or assignee on eight days notice in the same manneras service of other motions; the affidavits in support of said motionshall state the facts upon which the said application is made and shallnot be on information and belief and shall disclose a legal counter-claimor other valid defense against the collection of the whole or any partof the amount claimed to be due on such mortgage, and upon a hearingupon said motion the Judge may likewise enjoin the foreclosure of themortgage by advertisement in the same manne'r as if the application hadbeen made ex parte within the thirty day period of the notice of in-tention to foreclose. All acts or parts of acts in conflict with theabove and foregoing provisions are hereby expressly repealed.LLOYD STEVENS, Chairman.REPORT OF COMMITTEE ON LAW ENFORCEMENTYour committee was fortunately made up of attorneys from ad-joining counties, and as a result were able to meet at a central pointand give the mater of law enforcement some serious consideration.The committee will make just two recommendations.Paragraph XLV of the Magna Charta reads: "We will not makeany justices, constables, sheriffs, or bailiffs, unless they are such asknow the law of the realm and mean duly to observe it."On considering the subject of law enforcement, this pledge of KingJohn to the English Barons is pertinent.Primarily, law enforcement is in the hands of the Sheriff of eachcounty, and those acting under him, viz, deputies, constables and bail-iffs. The public should be educated to the need of intelligence and afair understanding "of the law of the realm", in those whom it selectsto the office of Sheriff.BAR BRIEFSThe first step in securing a higher intelligence and better under-standing of the law with a resulting better service is to now urgeforcefully and persistently the repeal of the present provisions of thestatute which limit a Sheriff to four years in office.It should be obvious to a mere casual observer that even a dullSheriff will absorb some knowledge of his duties and acquire someadded ability to perform those duties by experience. Making it possi-ble to pursue indefinitely the busines of Sheriff and the possibility oflong service in that office, will attract to it men of intelligence andoutstanding abifity.Police experience is needed in the apprehension of criminals andour Sheriffs are logically and by law charged with that work. Thatwork cannot be done effectively under the present plan of electingthese officers. The office of Sheriff requires more than candidatesof outstanding ability in the art of campaigning and handshaking.What the office needs is experience and ability.In remoulding our criminal procedure it should be realized thatour greatest difficulty is in the apprehension of criminals, and it isevident that men of experience and ability are needed in the office ofSheriff, and men of that type cannot be attracted to offices of limitedtenure.The committee would further suggest that the present law sur-rounding the State's Attorney's Contingent Fund be entirely revamped.As the law now stands it has been construed by some of the Judges tomean that the State's Attorney is compelled, in making expenditures inthe investigation of crime, to act blindly and virtually spend his ownfunds with the hope that when he submits a statement of expendituresto the Court, the Court will approve it.The State's Attorney holds an important and responsible office,and a contingent fund, reasonable in amount, should be at his disposalin cases of emergency and he should have the power under the statuteto use it in proper cases, without delay or red tape.T. L. BROUILLARD, Chairman.REPORT OF COMMITTEE ON COMPARATIVE LAWIt is not feasible to analyze and compare recent legislation ofthe various States, and the use of selected topics for analysis may notbe profitable.Your Committee deems it advisable to ascertain the amount oflegislation and hopes by comparison with quasi-public returns to showwhether the legislation correctly reflects public sentiment and demand,and thus be of more service to this Association.Of the legislatures of the forty-eight States of the Union that ofAlabama meets once in four years; New York, Rhode Island, andSouth Carolina annually, and those of the remaining States biennially.Since January I, 1929, all of the States, excluding Alabama, haveheld regular sessions of the legislature as have also the territories ofAlaska and Hawaii. These legislatures have been prolific in the en-actment of laws. Since January I, 1929, 16,703 new state and terri-torial laws have been enacted. This is exclusive of special acts, con-current resolutions, memorials and resolves.

Report of Committee on Law Enforcement

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Report of Committee on Law Enforcement

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