Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1865-11-21
Stay Law Of Virginia.

The following digest of the Stay Law as at pre-
sent in force in Virginia, was prepared for the
Lynchburg Virginian, By member of the bar of
that city,. We publish il for the Information of
| our own readers
i The present Stay Law was passed at Alexan-
|dria on the 23d of january, 1861 and was amend
ed at Richmond ON the 23d of ISne, 1865. AS
| amended its provisions are in suBsN nee:
! Sec +. That no execution sissuet Spdar any
decree OF Judgment, which has been Cr may be
rendered, shall be placed in the hands "a Che Off
\ Ger to be levied while this act remains n force.
\ Nor shall there be any sales under any deed Of
Trust heretofore recorded, exctptby consent, nor
made previous to tlie act, the property taken
shallsbe returned to th6zn51 1erf BY Judgment un-
der which. taken-s lean dhza1 property, real and
PERSONAL of debtor and shall have priority as to
the personal property over all State Judgments
Sec2. Suit may be brought for any debt Or
any action maintained at Law in Equity, and
liudgment obtained therein, as though this tct had
not been passed. From time of its being docket
ed, said Judgment is a lien on the real and per-
sonal estate of the debtor.
Sec. 3. Upon all debts and liabilities accruing
before 26th of July, 1861, the debtor shall, on
demand of the creditor, pay the interest and prin
cipal due as follows
mand thereof.
Cd One fourth of principal within twelve
months after demand thereof with interest.
Sd. Another fourth with interest within two
years after demand
4th. Another fourth with interest within three
wears after demand.
5th. The remainder within four years after de-
mand.
And for failure on the part Of debtor to comply
with any of the provisions of this section, he may
be proceeded against as if this act, or any other
for staying the collection of debts, had never
been passed. 1.-THE amendment of June 23d,
1865, does not apply to the counties of Accomac
and Alexandria, and the city of Norfolk
Sec, A. Provides that where, under previous
! law. which expired on first of January, 1865,
parties had failed to pay interest, an execution
may issue.
Sec. s. Execution may issue under Judgment
or decree or sale be made under deed of trust,
and collection be made as though this act had not
been passed, whenever the creditor his person
al representative, agent or attorney shall first
file with the clerk of the court justice of the
peace.. as the case may be, affidavit that the
| debtor intends to remove from the county where
the Judgment or decree was rendered, or in which
the same is docketed; or if deed of trust, out
of the county where the same is recorded, so that
lit will not be forthcoming and liable to the pay
ment Of the judgment, decree or deed of trust
as the case NAV Ire, at the expiration of this act
Sec g. This law does not apply to attachments,
! actions of detinue and tr0yer, in relation to
injuries and torts. nor ejectment or unlawful en-
try and detainer, nor to criminal offences, to
the collection of debts due the Commonwealth.
nor to the liabilities of public officers nor to at
torneys at law for moneys collected, nor to debts
contractedg gfter the 26h day Of July, 1861, to
debts deeds executed after that time, nor shall
the time during which this act is in force be COM
puted in any case in which the statute of limita-
! tons may come in question:
The benefit of this act however, is denied to
any one who, since the 0th of FEBRUARY, 1862, has
! been
lst Voluntarily engaged in levyng war against
the Government of the United States, or against
the re-organized State of Virginia, or
Cd Who has voluntarily adhered to or given
aid and comfort to the enemies of the said Uni
ted States or re-organized State of Virginia.
A Judgment creditor may sue out his execution
and proceed to collection, upon his making affi-
davit before the ma gistrate who gave judgment,
! or the clerk of the court, when such Judgment
is recorded that he believes such debtor is or has
been so engaged.
Sec. 4 Provides that this act shall be in force
from it's passage and shall expire on 25d of July,
1866.