Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1862-04-29

OF Plt7ERTY, AND TO SUSPEND PR0cEEDIHos
IN CERTAIN CASES, PASSED ON THE 30T1 DAT
OF A.K1L, 1861, 81 1aE CONVENTION OF 7IR-
eINIA-PAssED MARCH 20, 1862.
Be it enacted by the General Assembly,
That, except in cases hereinafter provided, no
writ Of elsg,t 5eri Jacius, or renditioni erponas,
other than in favor Of the Commonwealth or
against persons not residing in the Common
wealth. shall hereafter be issued until other
wise provided by law. Nor shall there be any
sales under deeds of trust executed prior to
the a0th day OF April, 1861, or DEGREES, until
otherwise provided by law, except in cases in
which any Of said parties being incomp potent
by reason nf infancy or other disability to give
such consent, court OF competent jurisdiction
shall determine that the interests oil the parties
would be promoted by such sale: Provided,
That this section Shall mol be construed 10 re-
aure the consent Of persons not residing IN
this State as necessary to any such sales.-
And provided further, That this section shall
no, amply to any attachment or proceedings
thertiipnn authorized by chapter one hundred
and Urty.onu Of tho Code of Virginia edition
of 1900, except that no order of the court or
Justice against resident glrnishee for the
principal. defendant snail he enforced until
otherwise provided by iaw.
On affidavit filed with the cls,s Of the court,
ia which judgment or decree Tor money hes
been rendered, or 10 which the justice belongs,
when tho Judgment was rendered by justice,
setting for:h the amount due thereupuD, and
the atlantis belief that the person against
whom such Judgment or decree has been rem
dered ia removing or intends to remove hs
own estate Or he proceeds Of the sale Of his pre-
perry, or T. material part Of snch estate ur pro.
cesds out OF this State, the clerk Of such court
in which such Judgment is, or the jlstce ren-
dering auch judgment, shall iSsns Ill csecu-
ton Of JEeri factas upon sIch jIdgmah: ~ de.
crnu for The sluoun. thereof; endorsing srl u
credits thereon, ns by the said affidavit may
be admitted. Upon the motion OF lnI ,Irivnd-
ant and in such execution, tbs seiI csur,, if il
| be OF the opinion that said execution wss ia
| sued upon false sngges!inns, os without suffi
cient cause, shall q'lasn the asme Provided,
the plaintiff in suca eyeauton bag had ii least
| ton days previous notice of such motion. and
such notice whom given to the said plant If, and
| to tho officer in whosu hands the execution il,
| shall stay any sale under such execution ul,-
ii! the said motion is deisrInincd out this
stay shal not continue 5:yond the day sp"ci-
fed in the notice for tho mo'ion, unless the
motion DO daily inada 70 the cour.. ANY pros
per:y seized under this section ma; be retairaj
| By, or returned to, tho defendant on bis s.7iry
bocd with condition to abide By snd peifNm
the order or Judgment Of toe Court on lbe m,-
tioG to quaah the execution or, ir tie case no
motion be made, t, pay the plaintiff ii. SIN
due on such execution. Tho bond shall be
takru by the officer eyying The execution, with
COOL security, payable to the plant # IT p
| ualy double tho sun appearing 10 d. due on
| the execution
9. Except in prosecutions o. fCLsii Ct tie
Commonwealth actions of dsIinur, unlawful
entry, Cr dotainc,, mi su.f:, wherein attach
Inents shall be susd nui under The pco7sions
Of c,sptcr one hundred End ti!ty-ono 81 The
| Col, Of Virginia edition OF The year eighteen
| burdrel and s;xty,J in which ssii rrnsecu-
toN, actions, suits snl attachments trials
may be had rs heretofore, there Shall E.s 40
tria! OF any cauSa requiring tie Intervention .!
Jury, nor Of warrants upon small claims before
i,s,ice Of tho peace, or other officers except
~ih tho consent of the par lis thereto -
Provided, however, that tGe court FIR the
PROBATE nf will MAJ as provided b. the said
Uyde vi Virginia, order G trial BY JnFy, and
tina; iIsues ,nar be ordered by courts 0! equity
and tried, AMI urs ofad quod damnu7a award
cd end xocuted as nov authorized b. law
t In cases Of Irisdeueanuur jur.s may be
aum,aoned from The by ISLANDERS or vcnage,
and with the consrn: VI the party prosecuted
be may be rel hy Tie cvufl.
5. The time wick has sapsad SLED the
6rst-day ofApril, eighteen hundred ard sixty
one, and the time during which this act Is in
force, shall rot be computed in any case when
Al action is required 10 OF brought, or olhc,
proceedings 10 be had, OF acts 10 be done,
within !: ,oran. time nov prescribed bY Law
s. The sci shall not apply to .iabi!tica on
the part 81 public officers or their sare;i-a, or
to cgnsca Of action which tsve arisen since
the url!stl dag Of April, uigiItcan ;.uHt;nd
arG sixty-on. nr winch may hereafter a:isc,
or 10 debts or liabilities 10 thr LrmInonw c.lra,
nor to toe annual collection ofinierest now due
or hereafter accruins, nnr any debt or siriiga-
ton which existed Oh toe SAID IhiT;lrth day oi
April, eighteen hundred and sixty one ea:
the courts ar, authorized and empowered 70
hear and Ge,ormine all claims or demands for
sucn Interest, and 10 enforce the same by or
binary process VI law; ard no bond, note, DILL
acceptance, obligation or undertaking, the CON
sdtraiiun Of which. in whole or IN parl, is
debt, obligation or undertaking which
existed on tue thirt;eih day Of April.
eighteen hundred and SIXty-uuc, shall bC
he!d or considered as cause OF action
thereafter arising; and nothing IN this nc!
shall be held to aprlv to any provision EJ
will, deed, Judgment or decree f,r tho pay
ment OF interest Or alimony for tic support nr
benefit oil infants or f,nsrs 80 as to require
the parties entitled th.raio to apply to III.
cour; in any case when :hey have an existing
rornedy by execution, enforcement OF tho
deed of trust or otherwise.
:. The payment of such interest fo7 Shich
no adequate remedy has been provided may
be enforced by petition or motion before cour!
or Justice Of ompetent jurisdiction, u2;;n ten
days motto, from ,1c plaintiff &c tie loien-
dant, and tho clerk Of the court or tho justice
Of the peace rendering such judgment shsi
issue an execution for such amouat Of interest
and cost of recovery Without affecting the
principal of the debt.
Tho officer to waam sucn cIocutiou T1av to
directed snail make duo return Of The said cz-
ecution to the clerks ofdco OF the county or
corporation Of such court, or Of the county in |
which such justice may reside. in SKY days |
irGm the Gay on WINCH II WIZ Is ;1eu ihe |
clerk or jusiics ri pence shall endorse Oh sucl !
execution, "no security to be taken." There
shall be no formal pleading; in such rnses,
aud the issue, ii there be any, shall be Ttietn
er the interest be due OF not, and the same |
shall he determined By the court; and such |
petition or motion mag be repeated from time
to time as further interest may bocoma dnc. |
In rendering which Judgment tho instrument
on the interest Of which uaid judgment was
rendered shall be especially described in said
judgment.
8. Be it iurrbsr enacted, That III. ordinance
entitled IAN ordinance 10 provide against the
sacrifice Of property, and to suspend proceed
ings in certain cases" passed by the Con7en.
ton Of Virginia on the thirticth day Of April,
eighteen hdndred and sixiy.one aud all acts