Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1866-03-09
The STAY Law.

On Thursday night the bill recommended
by Conference Committee, staying the col
lection Of debts for a limited period was
passed by both Houses and is now a law
The following is the act:
Whereas, the war which was recently wag-
ed for several years in the State of Virginia,
in its progress and results swept out Of ex
istencc the property in slaves, which consti-
tuted a very large proportion Of the wealth
of the people, as we'll as very large amount
of other personal property, and, at the same
time, annilii.ated the only currency which
had circulated for over three years, together
with the stocks and securities growing cut of
the war, in which the people hai made large
investments, and either destroyed or greatly
impaired the value of all other stocks and Sc
curities, SO that but little is now left to the
people except their lands, which, for want Of
efficient labor. and, in many large districts,
for want Of stock, implements, horses and
buildings, cannot be successfully cultivated,
and, as a consequence of this condition of
things, there exists an unprecedented search
ty Of money among the people Of the State !;
and whereas it cannot be questioned that
this state of general embarrassment and dis
tress presents the strongest appeal for legis-
lative interference to prevent the unjust and
ruinous sacrifice of property that would in
evitably result from forced sales under such
circumstances and while this general AS
sclnbly recognize their imperative duty to re-
spect and obey the constitutional provisions
which prohibit the enactment of any law i'm
pairing the obligations Of contracts, they be-
lieye that, when construed with reference to
the objects of those provisions, and in the
light of principles recognized and acted up
on by the courts of justice at the time of the
adoption of the Constitution of the United
States, as we'll as before and since that time,
those provisions do not forbid them from
granting temporary suspension Of remedies
in such state of things as the present, in
order to prevent the cruel and ruinous re-
suits which would ensue without such inter.
position, and especially as it only requires
that creditors, while their right to ultimate
ayment is held inviolate, shall submit to a
course to which they might well be constrain-
ed by the instincts Of natural justice and hu-
mainly: Therefore,
!. BE 1T enacted by the General assembly
Of Virginia That, while this act remains
in force, no execution senduioni erponos,
attachments upon decree or order for the
payment of money or other process to COM
pei the payment of money or the sale of
property for that purpose, shall be issued, or,
if heretofore issued shall be proceed
ed with; nor shall there be any sale under a
deed of trust, mortgage, pledge or other Sc
curlty, nor under any Judgment, decree, or
order for the payment of money, except in
the cases hereafter provided for, until the LIST
day of January, 1868.
2 The foregoing section shall not apply
to any case in which the debt or liability
sought to be enforced was contracted Or in
Cured since the End day of April, 1865 or
in which the Commonwealth is the creditor
or party benefcially entitled; or to taxes
levies or assessments due to a county or cor
poration; or in which an officer of a county
or corporation is liable for taxes, levies or
other monies collected or which should have
been collected by him for such county or COR
poration, or in which any railroad or inter-
nal improvement company may be liable, or
in which the parties interested shall consent
to sale; or in which, if the parties Or any
OF them be incompetent to consent, circuit
court, Or judge in vacation, having juris-
diction of the subject, shall determine that
the interest of such parties would be promo
| ted BY sale; or to any case of alnnony, Or
of interest in lieu Of dover, or to any allow
ance or provision for the malntenace or edu~
cation CT females or infants; or TO any pay
ment Of rent. or of an annuity falling due
after April Ind, 1863; or to any preceding
to compel an officer Of the State. or Of q c6un
ty or corporation, or commissioner or re-
ceiver, or other officer Of q court, or any e.
duciary, TO account for, pay, or disburse
money received by him since April "a, 1865,
or TO any proceeding against fraudulent
purchaser or donee, Or against property in
! his hands for debt or liability Of the ven
dor or donor or TO any proceeding against
debtor Or party bound, who has removed,
IS removing, Or intends 90 remove his effects
out of this State. with intent to delay, hin-
der or defraud his creditor, or those 10 whom
be ls liable Or to any proceeding under soG-
tons three, four Or five, chapter cne hundred
and ffty-one of the Code of 1880 nor 70
any case hereafter progi0ed 1or ia 5h:s act !:
nor shall anything herein contained be SO con-
strued BIS 10 affect existing laws now in force
az 10 The collection Of sheriff. and clerks
fees or against abscondiug or foreign debtors
But nothing in this section shall deprive the
suretles Of any officer of the State, or of any
county or corporation, OF the benefit of the
hfsy section Of this act in respect to any liza
hlllty accrued prior to April z 1865. when
ever It snail appear to any circuit, county or
corporation court, upon petition filed there
liz. that any minor. widow unmarried wo-
iaan or insane person, is dependent for sup
port upon the interest or principal of anv
debt, the collection of which is STAYED by this
act. such court may ascertain through one of
its commissioners in chancery what amount
is necessary for the support of the petitioner
or petitioners, what amount each debtor, if
there be more than one. shall pay. assessing
the whole upon them ratably, and whether
the sum SO assessed upon each shall be of the
principle or interest, and the report of the
commissioner when approved by the court.