Chap. 187.—An ACT to amend the 2d section*of the Act to Stay the Col-
lection of Debts for a Limited Period, passed March 2, 1866.

Passed February 11, 1867.

1. Be it enacted by the general assembly, That the second
section of the act entitled an act to stay the collection of
debts for a limited period, passed March the second, eighteen
hundred and sixty-six, be amended and re-enacted so. as to
read as follows: .

Ҥ 2. The foregoing section shall not apply to any case in
which the debt or liability sought to be enforced was con-
tracted or incurred since the second day of April, eighteen
hundred and sixty-five, or in which the commonwealth is the
creditor or party beneficially entitled; or to taxes, levies or
assessments due to a county or corporation; or in which an
officer of a county or corporation is liable for taxes, levies or
other moneys collected, or which should have been collected
by him for such county or corporation; or in which the par-
ties interested shall consent to a sale; or in which, if the
parties, or any of them, be incompetent to consent, a circuit
court, or a judge in vacation, having jurisdiction.of the sub-
ject, shall determine that the interest of such parties would
be promoted by a sale; or to any case of alimony or of
dower, or of interest in lieu of dower; or to any allowance
or provision for the maintenance or education of females or
infants; or to any payment of rent, or of an annuity falling
due after April the second, eighteen hundred and sixty-five ;
or to any proceeding to compel an officer of the state, or of
a county or corporation, or a commissioner or receiver, or
other officer of a court, or any fiduciary, to account for, pay
or disburse money received by him since April the se-
cond, eighteen hundred and sixty-five; or to any proceeding
against a fraudulent purchaser or donee, or against property
in his hands, for a debt or liability of the vendor or donor;
or to any proceeding against a debtor or party bound, who
has removed, or is removing, or intends to remove his effects
out of this state, with intent to delay, hinder or, defraud his
creditors, or those to whom he is liable; or to any proceed-
ing under chapter one hundred and fifty-one of the Code of
eighteen hundred and sixty; nor to actions of detinue and
trover; nor in relation to actions of ejectment and unlawful
entry and detainer; nor to any case hereafter provided for
in this act; nor shall any thing herein contained be so con-
strued as to affect existing laws now in force as to the collec-
tion of sheriffs’ and clerks’ fees, or against foreign or non-
resident debtors; or the interest due from railroads or other
internal improvement companies subsequent to the second
day of April, eighteen-hundred and sixty-five, which interest
shall be paid as it falls due. But nothing in this section shall
deprive the sureties of any officer of the state, or of a county
or corporation, of the benefit of the first section of this act
in respect to any liability contracted or incurred prior to
April the second, eighteen hundred and sixty-five: provided
that the exception made in this section, in regard to pro-
ceedings under chapter one hundred and fifty-one of the
Code of eighteen hundred and sixty, shall not be construed
to deprive resident garnishees of the, benefit of the act hereby
amended. Any circuit, county or corporation court, upon a
petition filed therein setting forth that any minor, widow,
unmarried woman, insane person, or other person incapable
of physical labor, % dependent for a support upon the inte-
rest in or principal of any debt, the collection of which inte-
rest or principal is stayed by this act, may ascertain through
one of its commissioners in chancery whether any such party
is so dependent, and if so, what amount is necessary for the
support of the petitioner for one year; what amount each
debtor, if there be more than one, shall pay, assessing the
whole upon them ratably, and whether the sums so assessed
shall be paid in instalments or at one time; and if in instal-
ments, when the same shall be paid; and the report of the
commissioner, when approved, shall be entered of record by
the clerk thereof. If it shall appear that any debtor has
paid to the petitioner interest which has accrued since the
second day of April, eighteen hundred and sixty-five, said
payment shall be a credit to such debtor, or any assessment
made against him in this proceeding.

The petition filed by any such applicant shall state the
debts due to the applicant and the names of the debtors.

The commissioner, of whom a report shall be requiied
under the preceding paragraph, shall, before he acts upon any
of the subjects referred to him, cause notice to be served on
each of the debtors named in the petition, to attend at some
specified place and time to see after their respective interests.
The cost of serving such notices shall constitute a part of
the cost of the proceeding, to be paid by such of the parties
as the court shall direct. The report of the commissioner
shall, be returned as soon as possible, consistent with ascer-
taining the facts directed to be reported on, and shall be lia-
ble to be excepted to by any party. Upon the return of the
report and exceptions, if any, the court shall make such de-
cree or order as it may deem just in the premises, and may
direct such process or execution to issue to enforce its deci-
sion as it may deem appropriate.” |

2. This act shall be in force from its passage.

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