Chap. 32.—An ACT Staying the Collection of Debts for a limited period
in the Counties of Accomack and Northampton.

Passed December 20, 1866.

*1. Be it enacted by the general assembly of Virginia, That
no writ of fieri facias, order or other process issued under
any judgment or decree heretofore rendered by any court of
this commonwealth, or justice of the peace, nor that may be
hereafter refdered by any such court or justice, shall be
placed in the hands of any sheriff,, or other officer, to be
levied while this act shall remain in force; nor shall there be
any sales under any deed of trust heretofore recorded, with-
out the consent of all the parties thereto, nor under &ny de-
cree or judgment since rendered, or that may be hereafter
renderéd, except as otherwise herein provided for; and in
any case where a levy has been made previous to the passage
of this act, the property so levied on shall be returned to the
owner, and the judgment under which the levy was made,
‘shall be a lien on all the property, both personal and real, of
the debtor, and shall have priority over all other. judgments
as to the personal property of such debtor.

2. And be it further enacted, That any person may sue for
any debt, and maintain any action at law or in equity, and
proceed to judgment therein; and any judgment, execution,
order or decree, now issued or rendered, or that may here-
after be rendered, shall, in ‘addition to the. provisions of
chapters one hundred and eighty-six. and one hundred and
eighty-eight, of the Code of eighteen hundred and sixty,
constitute a lien on’all the estates, both personal and real, of
the judgment debtor, from and after the docketing of any
such judgment, as is*provided for in the third and fourth
sections of chapter one hundred “ eighty-six of the Code
of eighteen hundred and sixty. Yamerovision shall include
all judgments, whether rendered vy ices of the peace er
courts of this commonwealth. : ‘

3. And be it further enacted, That upon all debts and lia-
bilities accruing before the twenty-sixth day of July, eighteen
hundred and sixty-one, the debtor, or party liable, shall, apon
demand of the creditor, pay the interest and principal as
follows: the interest within ninety days after demand thereof;
one-fourth of the principal within twelve months after de-
mand thereof, with interest; one other fourth within two
years after demand made, with interest; one other fourth
within three years after demand made, with interest; and the
balance. within four years after demand made, witly interest;
and for ‘failure on the part af the debtor to comply with any
of the provisions of this section, he may be proceeded
against as if this act, or any other act for staying the collec-
tion.of debts, had never passed.

4. And be it further enacted, That in all cases where a
lien has been acquired by judgment or decree, before any
court or justice of the peace of this commonwealth, or by
any deed of trust, the creditor may proceed against the
debtor, and enforce the collection of his debt, interest and
cost, in the same manner as if this act had never passed:
provided, however, that such creditor, his assignee, personal
representative, agent or attorney, shall first file with the clerk
of the court or justice of the peace, as the case may be, an
affidavit that the affiant believes that the debtor, in such case,
intends to remove, or has removed, his effects out of the
county where the judgment or decree was rendered, or in
which the same is docketed; or, if a deed of trust, out of the
county where the same is recorded; or that he is fraudulently
removing or disposing of the same, so that it will not be
forthcoming and liable to the payment of the judgment, de-
cree or deed of trust, as the case may be, at the expiration
of this act; but the debtor may contest the creditor's right
to such proceedings: and, upon a motion by the debtor to
quash the same, upon the ‘grounds that he was not removing,
nor did intend so to remove his effects, or fraudulently dis-
pose of the same, as alleged by the creditor, the court or
justice of the peace before whom such motion is made, shall,
in determining such controversy, be governed by the same
rules of law that they are now governed by in determining
cases of attachments: provided, however, that no sale.or
barter by any,person, in the ordinary transaction of his busi-
ness or calling, shall be deemed to be fraudulent, within’ the
meaning of t is section.

5. Be it further erfacted, That nothing herein contained
shall be construed go as to interfere with or abridge the law
now in force in relation to attachments, and actions s of detinue
and trover, nor in relation to injuries or torts, nor in relation
to actions of ejectments and unlawful entry and detainer, nor
in relation to the prosecution of criminal offences, and the
collection of fines, taxes, licenses, coy levies: and all debts
due the commonwealth; but the eame may be proceeded
in as now provided for by law; nor shall this act apply to
liabilities of sheriffs,g@nstables or other public officers, either

the state, counties, corporations or individuals; nor to
attorneys at law for moneys collected, nor to debts con-
tracted after the twenty-sixth day of J uly, eighteen hundred
and sixty-one, nor to deeds of trust executed after said
twenty-sixth day of July, eighteen hundred and sixty-one;
but payment of and sales under the same may be enforced
and proceeded in as if this act had not passed; nor shall the
time during which this act is in force be computed in any
case in which the statute of limitations may come in question.

6. This act shall be confined to the counties of Accomack
and Northampton,.and shall expire on the first day of J uly,
eighteen hundred and sixty-eight.

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

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