The Morgantown monitor. [volume] (Morgantown, Va. [W. Va.]) 1863-1864, 1863-03-07
Staying the Collection Of Certain Debts.
PASSED JAN. 80, 1868.

nr decree, heretofore rendered hv any
Court OF this Commonwealth, or JUS
ticp of the Peace, nor that mav he
hereafter rendered by any such Court
or Justice, shall be placed in the
hands of any Sheriff, or other 'ttirer,
70 be levied while this Act shall re-
main in force, nor shall there he any
sales under any Deed OF Trust here
totnre recorded, without the consent
of all the parties thereto, nor nnder
any decree or Judgment since render
cd, or that may be hereafter renler-
c,I except as otherwise herein provl-
lr,l for. And in any case where a
levy has been made previous to the
passage of this Act, the property -"
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 aud
real, Of the debtor, aud shall have
priority over all other jnlgmrnts, AS
to the personal property OF such
debtor.
,. Be 1t further enacted, That any
person may sue for any debt ami
maintain any action at law or in
equity, and proceed to alignment
therein, and any Judgment, exrc"-
tion. order, or decree now issued, or
rendered, or that may hereafter hr
rendered. shall, in addition t" the
provisions of Chapters 1876 aud lSS.
of the Cu,ie nf 1860, constitute lien
On all the estate, both prrS"naI and
real. OF the Judgement debtor, from
and after the hucketiug OF any such
Judgment, aS is provided for III the
thirl and fourth Sections Of Chapter
1876 Ut the Code Of 1860. This pro-
vision shall inciude all judgments,
whether rendered by Justice "t the
Peace or Courts Of this Common
wealth.
3. In all debts or liabilities accru-
ing h."re the 26th day OF July,
1861, the debtor is required, upon
the demand of the creditor, TO pay
the interest due thereon within six
mnnths after demand thereof. aud
upon failure therein may be proceed,
e,l against as if this Act had never
been passed.
4. Be II further enacIed, That IN
all cases, where Il lien has been ac-
onirpl by Judgment nr decree before
any Court or Justice of the Peace of
this Commonwealth, or hv any deed
Of trnst, the creditor may proceed
against the debtor, and enforce the
collection of his debt, interest anil
costs in the same manner as if this
Act had never been passed. Pr"vl-
del, however, that such creditor, his
assignee, personal representative.
a.ent, or attorney, shall first file
with the Clerk of the Court or JUS
tice uf the Peace, as the case may he,
an affidavit that the affiant believes
that the debtor in such case intends
10 remnv :, or has removed his effects
ont of the County where the judg-
meut or decree was rendered, "r IN
which the same is dnrketed, or II Il
deed of trust out Of the Comfy
where the same is recorded, or that
ne is trauduleutly removing or dis
posing Of the same so that 1t Will
not be forthcnniny and liable t" the
payment of the Judgment, decree ar
deed OF trust. AS the case may he at
the expiration of this Act. But the
debtor may contest the creditor $
right tn such proceedings. and upon
Il motion by the debtor. TO qnaSh the
same upon the grounds, that he was
not removing nor dld not 'nfeh" 4"
remove his effects or irau1u'Fh'l!
dispose Of the same as alleged hy tY'e
creditor, the Court or Justice OF tn"
Peace before whom such motion Is
made, shall, in determining such
controversy he governed by the same