The Morgantown monitor. [volume] (Morgantown, Va. [W. Va.]) 1863-1864, 1863-02-28
An Act
Staying the Collection Of
Certain Debts.
PASSED JAN 80, 1893

< &
/. Be 1t enacted By the General As
sembly of Virginia, That no writ of
fe,l tacias, order, or other process
issued, issued under any Judgment
or decree, heretofore rendered by any
Court of this Commonwealth, or JUS
tice of the Peace, nor that may be
hereafter rendered by any such Court
or Justice, shall be placed in the
hands of any Sheriff, or other officer,
to be levied while this Act shall re-
main in force, nor shall there be any
sales under any Deed of Trust here
toforc recorded, without the consent
of all the parties thereto, nor under
any decree or judgment since render
ed, or that may be hereafter render
ed, except as otherwise herein provi-
ded for. And in any case where a
levy has been made previous, to the
passage Of this Act, the property so
levied on shall be returned to the
owner and the judgment under which
the levy WAS made, shall be lien
on all the property, both personal
and real, of the debtor, and shall
have priority over all other judg-
ments, as to the personal property Of
such debtor.
9. BE II further enacted, That any
person may sue for any debt and
maintain any action at law or in
equity, and proceed to judgment
therein, and any judgment, execu-
ton, order, or decree now issued, or
rendered, or that may hereafter be
rendered, shall, in addition to the
provisions of Chapters 1856 and 1873
of the Code of 1860, constitute a
lien on all the estate, both personal
and real, Of the judgment debtor,
from and after the docketing of any
such Judgment, as is provided for III
the third and fourth sections of chap
ter 1856 of the Code Of 1860. This
provision shall include all judgments
whether rendered BY a Justice Of the
Peace or Courts Of this Common
wealth.
8. In all debts or liabilities accru-
ing before the 26th day Of July,
1861, the debtor is required upon the
demand Of the creditor to pay the
interest due thereon within 6 months
after demand thereof, and upon fail
IRE therein may be proceeded against
as if this Act had never been passed.
4. Be it further enacted, That in
all cases, where a lien has been &C
CURED by judgment or decree before
any Court or Justice of the Peace Of
this Commonwealth, or by any deed
of trust, the creditor may proceed
against the debter, and enforce the
collection of his debt, interest and
costs in the same manner as if this
Act had never been passed. Provi-
ded, however, that such creditor his
assignee, personal representative,
agent, or attorney, shall first file
with the Clerk of the Court or JUS
tice Of the Peace, as the case may
be, an affidavit that the affiant be-
lieves that the debtor in such case
intends to remove, or has removed
his effects out of the County where
the judgment or decree was render
ed, or in which the same is docketed !,
or if a deed of trust out of the Coun-
ty where the same is recorded, or
that he is fraudulently removing or
disposing of the same so that it will
not be forthcoming and liable to the
payment Of the judgment, decree or
deed of trust, as the case may be at
the expiration of this Act. But the
debtor may contest the creditor s
right to such proceedings, and upon
q motion by the debtor, to quash the
same upon the grounds, that he was
not removing nor did not intend to
remove his effects or fraudulently
dispose of the same as alleged by the
creditor, the Court or Justice of the
Peace before whom such motion is
made, shall, 10 determining such
controversy be governed by the same
rules of law, that they are now gov
erued by in determining cases of at
tachments. Provided, however, that
no sale or barter by any person in
the ordinary transactions of his bust
ness or calling shall be deemed to be
fraudulent within the meaning Of
this section.
5. Be it further enacted, That no.
thing herein contained shall be con-
strued, so as to interfere with or
abridge the law now in force in rela.
ton to attachments and actions of
detinue or trover, nor in relation to
injuries for torts, nor in relation to
actions of ejectment, and unlaw-
full entry and detainer, nor
in relation to tbs proseou-