First. Is a foreign corporation or is not a resident of this state and has estate or debts owing to said defendant within the county or corporation in which the action is or is sued with a defendant residing therein, or that the defendant, being a non-resident of this state, is entitled to the benefit of any lien, legal or equitable, on property, real or personal, within the county or corporation in which the action is, and the word estate as herein used shall include all rights or interests of a pecuniary nature which can be protected, enforced, or proceeded against in courts of law or equity; but this provision as to equitable estates and interests so far as amendatory of existing laws shall not apply to attachments sued out before the passage of this act. This section as so enlarged shall come under the provisions of section twenty-nine hundred and sixty-four, concerning attachments in equity; or, Second. Is removing or about to remove out of this state with intent to change his domicile; or, Third. Is removing, intends to remove, or has removed the specific property sued for or his own estate or the proceeds of the sale of his property, or a material part of such estate or proceeds, out of this state so that process of execution on a judgment when obtained in said action will be unavailing; or, Fourth. Is converting or is about to convert or has converted his property of whatever kind or some part thereof into money, securities, or evidences of debt with intent to hinder, delay, or defraud his creditors; or, Fifth. Has assigned or disposed of or is about to assign or dispose of his estate or some part thereof with intent to hinder, delay, or defraud his creditors. In any such case the clerk of the court in which the action is shall issue an attachment as the case may require. Amendment Sec. 2961. Attachment against debtor removing his effects out of As Amended the state, whether claim payable or not.-On complaint by any person, Previous 1895-6, p. 602. his agent or attorney, whether the claim of such person is payable or not, 1889-90, p. 26. to a justice of the county or corporation in which the debtor against whom 84 Va. 489. the claim is resides or in which he has estate or debts owing to him, or if he has removed from the state in which he last resided or in which he has estate or debts owing to him, or if he has never resided in the state in which he has estate or debts owing to him, or if such debtor be a corporation in which such corporation has estate or debts owing to it, that the said debtor intends to remove or is removing or has removed his effects out of this state so that there will probably not be therein effects of such debtor sufficient to satisfy the claim when judgment is obtained therefor should only the ordinary process of law be issued to obtain the judgment, if such person, his agent or attorney, make oath to the truth of the complaint to the best of his belief as well as to the amount and justice of the claim and if the same is not payable at what time it will be payable, the justice shall issue an attachment against the estate of the debtor for the amount so stated. Sec. 2962. [92 Va. 651.] Sec. 2964. [85 Va. 49; 87 Va. 472; 90 Va. 645; 91 Va. 317.] 1893-4, p. 495. Previous Amendment 1893-4, p. 97. Sec. 2965. To whom attachment may be directed; where returnable. As Amended Any attachment issued under this chapter may be directed to the sheriff, sergeant, or constable of any county or corporation. If issued in a pending suit it shall be returnable to a term of the court in which the same is 90 Va. 645. 91 Va. 122, 317. pending or to some rule day thereof. When issued by a justice it shall if the claim exceed twenty dollars (exclusive of interest) be returnable at the option of the plaintiff to the next term of the circuit or county court of the county or to the circuit or corporation court of the corporation in which such justice resides. Any attachment issued by a justice whose return is not elsewhere provided for shall, when the claim does not exceed twenty dollars (exclusive of interest), be returnable and proceeded upon according to the provisions of section two thousand nine hundred and eighty-eight. Sec. 2967. [83 Va. 124, 459.] Sec. 2968. [83 Va. 459; 88 Va. 122; 92 Va. 636.] Sec. 2969. [83 Va. 124; 86 Va. 917.] Sec. 2971. [83 Va. 129.] Sec. 2979. [82 Va. 359, 501; 86 Va. 501.] TITLE 44. INTERPLEADER AND AWARDS. As Amended 1897-8, p. 505. CHAPTER CXLII. OF CONFLICTING CLAIMS TO PROPERTY LEVIED ON OR IN POSSESSION OF A Sec. 2999. [91 Va. 458; 1 Va. L. R. 355.] Sec. 3001. Indemnifying bond to officer; its penalty and condition. If any officer levies or is required to levy an execution or a warrant of distress on property, or to attach money or property under an attachment issued either by a justice or by the clerk of any court, and a doubt shall arise whether the said money or property is liable to such levy or attachment he may give the plaintiff, his agent or attorney at law, notice that an indemnifying bond is required in the case; bond may thereupon be given by any person, with good security, payable to the officer in a penalty equal to double the value of the property, with condition to indemnify him against all damage which he may sustain in consequence of the seizure or sale of said property and to pay to any claimant of such property all damage which he may sustain in consequence of such seizure or sale, and also to warrant and defend to any purchaser of the property such estate or interest therein as is sold: provided, however, that when the property claimed to be liable by virtue of the process aforesaid is in the possession of any of the parties against whom such process was issued but is claimed by any other person or persons or is claimed to belong to any other person or persons the officer having such process in his hands to be executed shall proceed to execute the same notwithstanding such claim unless the claimant of said property or some one for him shall give a suspending bond as provided by section three thousand and three of the code of Virginia and shall within thirty days after such bond is given proceed to have the title to said property settled in accordance with the provisions of this chapter. And in case such claimant or some one for him fails to give such bond, or having given such bond fails to have such proceedings instituted as aforesaid to settle the title thereto, said property shall be conclusively presumed to be the property of the party in possession, and the officer who executes such process shall not be liable to any such claimant for any damages resulting from the proper execution of such process as is required by this section. MANDAMUS, PROHIBITION, QUO WARRANTO, AND HABEAS CORPUS. CHAPTER CXLIV. OF THE WRIT OF MANDAMUS AND THE WRIT OF PROHIBITION. Sec. 3011. [88 Va. 274, 760, 843; 92 Va. 731; 93 Va. 1.] Sec. 3016. [93 Va. 1, 14; 3 Va. L. R. 284.] CHAPTER CXLV. OF THE WRIT OF QUO WARRANTO AND INFORMATION IN THE NATURE OF A CHAPTER CXLVI. OF THE WRIT OF HABEAS CORPUS. Sec. 3029. [82 Va. 567.] Sec. 3034. Judgment of court or judge trying it.-The court or judge As Amended before whom the petitioner is brought after hearing the matter, both upon 1895-6, p. 350. the return and any other evidence, shall either discharge or remand him as may be proper and adjudge the cost of the proceeding, including the charge for transporting the prisoner, to be paid as shall seem to be right. Sec. 3035. [86 Va. 40.] TITLE 46. COURTS AND JURIES IN CIVIL CASES. CHAPTER CXLVII. OF THE COUNTY AND CORPORATION COURTS. As Amended Sec. 3044. Counties and districts of judges.—For each of the following 1895-6, p. 667. counties, to wit: Accomac, Albemarle, Amelia, Amherst, Appomattox, Previous Amendment Bedford, Botetourt, Brunswick, Buckingham, Campbell, Caroline, Carroll, 1891-2, p. 41. Charlotte, Chesterfield, Clarke, Culpeper, Dinwiddie, Essex, Fauquier, Floyd, Fluvanna, Franklin, Frederick, Gloucester, Goochland, Greenesville, Grayson, Halifax, Hanover, Henrico, Henry, Isle of Wight, King and Queen, King William, Lee, Louisa, Loudoun, Lunenburg, Mecklenburg, Montgomery, Nansemond, Nelson, Norfolk, Northampton, Nottoway, Orange, Page, Patrick, Pittsylvania, Prince Edward, Princess Anne, Prince William, Pulaski, Rappahannock, Roanoke, Rockbridge, Rockingham, Russell, Scott, Shenandoah, Smyth, Southampton, Spotsylvania, Sussex, Tazewell, Washington, Warren, Wise, and Wythe; and for each of the following districts, to wit: Alleghany, Bath and Craig, Augusta and Highland, Bland and Giles, Buchanan and Dickenson, Cumberland and Powhatan, Elizabeth City and Warwick, Fairfax and Alexandria county, James City, York and city of Williamsburg, King George and Stafford, Madison and Greene, Middlesex and Mathews, New Kent and Charles City, Northumberland and Lancaster, Prince George and Surry, and Westmoreland and Richmond there shall be one county court judge. As Amended 1887-8, p. 16. 91 Va. 741. As Amended 93 Va. 226 Sec. 3045. Terms of county courts; how long continue; what may be done at any term.-There shall be held monthly in each county a term of the county court, the commencement whereof shall be according to the laws in force on the day before this code takes effect and with the jurisdiction hereinafter provided. Such term may continue not exceeding fifteen days. The court may from time to time change the day for the commencement of the term thereof, and the clerk of such court within thirty days after any change has been made shall send a copy of the order making it to the clerk of the house of delegates. All matters and things authorized by law to be done by or in the county court may be done at any term thereof. Sec. 3046. [83 Va. 232.] Sec. 3049. When judge of a county or corporation court fails to hold same, what judge may do so; when governor to designate judge to do so; his pay and mileage.—If a judge of a county or corporation court be 2 Va. L. R. 376. unable or fail to attend a regular term of his court or be prevented from sitting during the whole term or any part thereof, if he be so situated as to render it improper in his judgment for him to decide any cause or preside at the trial thereof and it be so entered of record, or if from death or any other cause there be no judge of such county or corporation court, the judge of any other county court may hold said county court and any circuit judge or the judge of any other corporation court may hold said corporation court either for the whole term or any part thereof. When a vacancy either by death or resignation exists in the office of judge of a county or corporation court the clerk of such court shall certify the fact to the governor of the state, who is hereby authorized to designate a judge of any other county court to hold the regular terms of the county court in which such vacancy exists and to designate any circuit judge or a judge of any other corporation court to hold the regular terms of the corporation court in which such vacancy exists until the vacancy be filled; and for any service provided for in this section said judge shall receive the mileage prescribed by law and five dollars per day for the time he is actually engaged in holding court, to be paid out of the treasury of the county or corporation in which said court is held: provided, however, that this section shall not apply to the hustings court or to the chancery court of the city of Richmond. Sec. 3053. Terms of corporation courts.-For any corporation in As Amended 1887-8, p. 17. which the power of holding court has been or shall be vested by law there shall be held monthly terms of the corporation court, the commencement whereof shall be according to the laws in force on the day before this code takes effect; but a judge of any such court may in his discretion omit the holding of a term for the month of July or for the month of August as he may deem best. Sec. 3054. Judges may change commencement of terms; terms for As Amended 1897-8, p. 571. trial of civil and criminal cases.-The judge of every such corporation court may from time to time change the day for the commencement of the terms thereof or any of them. The clerk of such court within thirty days after such change shall send a copy of the order making it to the clerk of the house of delegates, and if he fail to do so shall forfeit fifty dollars. The judge of said court may also select the terms at which he will try criminal cases, and he may designate four or more terms of such court for the trial of civil cases in which juries are required, and the same terms may be designated for the trial of both civil and criminal cases; and thereafter until otherwise ordered all cases cognizable in such court in which juries are required except criminal cases and cases of forcible entry and unlawful detainer shall be tried only at such terms as are so designated: provided, however, that the said court shall at any term hear and determine any action or motion ex-contractu where the defendant does not appear and demand a trial by jury. CHAPTER CXLVIII. OF THE CIRCUIT COURTS. Sec. 3056. Circuit courts established for counties and cities.-For As Amended the city of Williamsburg and county of James City, for that part of the 1895-6, p. 499. county of Henrico which is without the corporate limits of the city of Richmond, and for every other county, and for each of the cities of Norfolk, Portsmouth, Petersburg, Lynchburg, Fredericksburg, Alexandria, Danville, Roanoke, and Newport News there shall be a circuit court, which shall be called the circuit court of such county or city or of such city and county as the case may be. Sec. 3057. Judicial Circuits.-FIRST CIRCUIT.-The counties of Nor- As Amended folk, Princess Anne, Nansemond, Isle of Wight, Southamption, and the 1891-2 p. 578. cities of Norfolk and Portsmouth shall constitute the first circuit. SECOND CIRCUIT.-The counties of Brunswick, Chesterfield, Dinwiddie, Greenesville, Nottoway, Prince George, Sussex, Surry, and the city of Petersburg shall constitute the second circuit. |