THE CYPRUS GAZETTE

174Security fordebt.No Courtoheck.Cost ofexecution.Remedies.THE CYPRUS GAZETTE (EXTRAORDINARY), llth JUNE, 1918.The balance is then struck by deducting the value of the produce dehveredby the farmer, from the price of the goods supphed and money advanced bythe merchant plus 12% interest, the amount of any outstanding bondsbeing added also to the credit of the merchant. A bond is then takenfrom the farmer for the amount thus found due, plus 12% interest for thefollowing year.To treat the bond as due when less than a year has expired and makeno allowance for the unexpired portion of a year, for which interest has beenpaid in advance, is manifestly unfair.It is unfair also that the price of the produce dehvered by the farmerto the merchant, however long before the account the merchant may havereceived it, should only be credited as though dehvered on the date when theaccount is taken. If the merchant charges interest on the price of goodssupphed, he should allow interest on the value of the produce received, or heshould treat the goods as a payment, deducting from the interest bearingdebt, at the time when the goods are dehvered, the value of the producereceived.All payments made by the farmers are made in produce. Moreover thefarmer when in debt is expressly or imphedly bound to dehver his produceto the merchant and cannot sell it elsewhere and get money to make a moneypayment, and for this reason it is most inequitable that the produce shouldnot be treated as a payment.The evidence shows that the procedure above described is very largelypracticed. We do not say that it is universal. Many merchants, doubtless,recognise that it is unfair and deal more equitably with their chents.When the account is struck the farmer makes an admission that he owesthe amount wliich is shown to be due, and frequently gives a bond for theamount. The same procedure is followed year after year until the farmeris hopelessly insolvent. Then his property is mortgaged to the merchantand if the farmer's wife has any property she is induced to give a mortgageon her property too to procure a prolongation of the credit. Sometimesthe farmer's cluldren are induced to join in a bond with their father. Themortgaged property can be sold up in a summary way under the law.After the farmer is bound in the way above described, if he is left inpossession, he becomes a mere baihff of the merchant. He is in worse positionthan a hired labourer because he cannot change his master. If thefarmer's property is sold up, he becomes a labourer with no chance of rising,because he carries always the burden of a debt which grows year by yearat 12% interest.After once the farmer has admitted that the amount stated on anaccount is due to the merchant, the Court has no opportunity of seeingthat he is fairly treated. The merchant sues on the account stated or onthe bond given and gets judgment for the amount.There is a further complaint that the cost of getting execution againstimmovables is so great, that when the debt is small the farmer againstwhom the execution issues has to pay more for costs than the amount ofthe debt. That the law is sometimes put into force oppressively.We submit that remedies are desirable to meet the evils described, toprotect the farmer, and also to reheve him when he is insolvent. Withthis view we would submit that it is desirable to enact laws :(1). To prevent overcharge of interest.(2). To make known the real transactions between the merchant andfarmer, so that they may be checked by the Court.(3). To regulate better the weighing of produce.(4). To cheapen the execution against immovables and to preventoppressive forced sales.ΚΥΠΡΙΑΚΗ ΔΗΜΟΚΡΑΤΙΑ(5). To reheve insolvent farmers.