The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1869-01-07
Extension of the Stay Law.


general order extending the stay law, issued
by Gen Stoneman:
HEADQUARTERS 1sT MILITARY DISTRICT
STATE OF VA, Richmond, Va, December
%, 1868-In view of the pecuniary distress
and difficulties which must necessarily cnsue
throughout this military district upon the
termination Of the stay law on the first OF
January next, and IN the absence of any
Legislature Or body competent to devise the
appropriate remedy, therefore, it is ordered
l. That the stay of executions against per-
sonal property, SO far only as the same exists
under laws now in force, and which by the
provisions thereof expires on the said first
day of January. 1869, shall be and is hereby
extended until the first day Of July, 1869,
and if on or before the said last named day
the debtor shall have paid all the interest
then due and owing thereon, such execution
shall be further stayed until the orders from
these or superior headquarters.
2. If, during the existence Of this order,
any debtor shall be eloigning any property
which, but for the existence of this order,
would be liable to said execution, or shall
dispose, or attempt to dispose Of the same, to
the prejudice of his creditor, it shall be law
full and right for such creditor to apply to
any Circuit Court, or to any judge thereof in
vacation, giving reasonable notice Of such
application to the debtor, and said court or
judge thereof in vacation, upon the statement
under oath of the parties, and such legal evil
dencc as they may adduce may make an Or
der to the clerk to issue said execution for the
entire debt, interest and cost, or else dismiss
such application, with costs to either party,
as to the said court or Judge shall seem right.
B. General orders No. q, March 18th,
1868, are hereby continued in force, and the
military commissioners and circuit judges
intrusted with their execution are enjoiEed
to observe and give effect to the same.
4. 1t is intended by this order that whilst
affording relief to the debtor not to impair
the rights of the creditor, but to preserve
and enforce the same by subjecting the whole
personal estate which is now exempt by the
stay law to the lien Of the creditors exccu-
tiob, and at the same time enforce a prompt
payment Of part of the debt and an early
payment of the remainder.
BY command of Brevct Major General
Stoneman. S. L. CnALFIN,
Assistant Adjutant General.
The following is General orders No. q, Of
March 18th, 1861 referred to above:
HEADQUARTERS 1sT. MILITARY DIS
TRIcr, STATE OF VA, Richmond, Va. March
18th, 186o.-Sale Of property under deeds Of
trust, when every civil remedy has been ex-
hausted, will be suspended by the operation of
this order in all cases where such sale would
result i'll ruinous and unnecessary sacrifice Of
property, or where the payment Of interest
when due, and Of the principal in a reasona-
bic time, can be secured without such sacri-
fee and also in cases where such sale would
leave family of persons non conpos Or in
firm, without means of support
%. In any case coming within the above
conditions the grantor may apply by petition
in writing in duplicate, under oath, to the
military commissioner Or circuit judge having
jurisdiction Of the place in which the prop
erty encountered is located, setting forth a
statement Of all charges, encunlbrances or
liens relating to the property, and the me-
terlal facts relied upon to support the petition
If the judge or commissioner be Of opinion
that the facts set forth are sufficient to sustain
the petition, he will endorse such opinion on
the duplicate petition, and cause one copy
thereof to be served upon the trustee; where
upon the trustee shall suspend the sale, and it
shall remain suspended until the said opin-
ion Of the judge Or commissioner shall be
withdrawn, or the grantor shall give his con-
sent in writing to its discharge, or an order
shall be made by the commanding general
authorizing the sale.
-. If it be demanded by the trustees OF
benehciarles or other parties in interest, the
judge or commissioner will hear all parties
by evidence and counsel, and upon the facts
as proved at such hearing will affirm Or with
draw his previous opinion, or suggest to the
parties such terms Of compromise as to him
shall seem equitable and just. But either party
may appeal from such final action of Judge
or commissioner to the commanding general,
give notice Of his appeal in writing to the
judge Or commissioner, who will inform the
other parties In interest, and in case Of APP
peal by the grantor or parties claiming under
him, the sale shall remain suspended until the
decision of the commanding general is made
known. All such appeals Shall be accompani
ed with a copy Of the original petition, with
the opinion Of the judge or commissioner en-
dorsed thereon and with copy, certified by
the JuQ5e OF commissioner, Oh ING RECORD u
facts proved before him.
81. Reasonable expenses for clerical labor
connected with the hearing may be directed
by the judge Or commissioner, to be paid by
either or both parties as shall seem to him
just. In case Of appeal, the expense of such
clerical work connected with the appeal shall
be paid or secured by the applicant.
IS. 1t is the purpose Of the commanding
general hereafter as heretofore, not to inter
E iere with the operations Of the State laws as
administered by the civil tribunals, except
where the remedies thereby afforded are made
quate to secure to in diyidua!s substantial jus
tice. It is expected that, in general, cases Of
the class referred to in this order will be set
tied by mutual concession and compromised be-
tween the parties, in accordance with the prin-
ciples herein set forth, and that the orders Of
the commanding general will be required only
in exceptional cases.
"By command Of Brcv. Maj. Gen. Schofcld.
IS. T. CHALFIN,
"Assistant Adjutant General.
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