lished for two weeks in a newspaper (if any) printed in the city, town, or county wherein the same is transacted the fact that he is a minor, all property, stock, and choses in action acquired or used in such business shall as to the creditors of any such person be liable for the debts of such person, and no plea of infancy shall be allowed. Sec. 3267. [84 Va. 210.] Sec. 3271. [83 Va. 26.] Sec. 3272. [82 Va. 135; 93 Va. 108; 2 Va. L. R. 304.] Sec. 3275. [83 Va. 670; 85 Va. 441; 90 Va. 418.] Sec. 3279. [82 Va. 727; 93 Va. 24; 2 Va. L. 191; 3 Va. L. R. 369.] Sec. 3281. [86 Va. 768.] 83 Va. 910. Sec. 3283. Judgment or decree by confession in vacation; how en- As Amended tered; its validity.-In any suit a defendant may in vacation of the 1897-8, p. 508. court and whether the suit be on the court docket or not confess a judg- 90 Va. 647. ment in the clerk's office for so much principal and interest as the plaintiff may be willing to accept a judgment or decree for. The same shall be entered of record by the clerk in the order or minute book and be as final and as valid as if entered in court on the day of such confession, except merely that the court shall have such control over it as is given by section three thousand two hundred and ninety-three. And the said clerk shall enter upon the margin of such book opposite where the said judgment or decree is entered the date and time of the day at which the same was confessed, and the lien of the said judgment or decree shall run only from the time of day of the confession. Sec. 3284. [86 Va. 502; 91 Va. 438.] Sec. 3285. [88 Va. 952; 91 Va. 438.] Sec. 3286. [8S Va. 508: 91 Va: 438.] Sec. 3287. When judgment entered in office to become final; how As Amended 1891-2, p. 246. entered; its effect as a lien.—Every judgment entered in the office in a case wherein there is no order for an inquiry of damages and every nonsuit or dismission entered therein shall if not previously set aside become a final judgment, if the case be in a circuit court, of the last day of the next term or the fifteenth day thereof (whichever shall happen first), or if the case be in the circuit court of the city of Richmond and be matured at the rules and docketed during the term of the court of the last day of said term, and if it be in a corporation court of the last day of the next term designated for the trial of civil cases in which juries are required or of the fifteenth day thereof (whichever shall happen first), and have the same effect by way of lien or otherwise as a judgment rendered in the court at such term. Every such judgment for any plaintiff shall be for the principal sum due with interest thereon from the time it became payable (or commenced bearing interest) till payment unless it be in such action as is mentioned in section twenty-eight hundred and fifty-three, in which case it shall be according to that section: provided, that no judgment by default on a scire facias or summons shall become final within two weeks after the service of such process. Sec. 3288. [91 Va. 438.] Sec. 3290. [88 Va. 929.] Sec. 3292. [92 Va. 702.] Sec. 3294. [82 Va. 706, 759; 85 Va. 690.] CHAPTER CLX. OF PAYMENT AND SET-OFF. Sec. 3298. [86 Va. 530; 1 Va. L. R. 780.] Sec. 3299. [88 Va. 251; 90 Va. 693; 91 Va. 272; 92 Va. 1, 20; 93 Va. 678, 786; 1 Va. L. R. 128, 540; 2 Va. L. 669; 3 Va. L. R. 873.] Sec. 3300. [92 Va. 20.] Sec. 3303. [86 Va. 530.] CHAPTER CLXI. OF THE DEATH OR CHANGE OF PARTIES, AND THE DISCONTINUANCE OF Sec. 3305. [93 Va. 233.] Sec. 3307. [93 Va. 233.] Sec. 3309. [86 Va. 1034.] As Amended 1893-4, p. 751. As Amended 1889-90, p. 24. CHAPTER CLXII. OF THE REMOVAL OF CAUSES PENDING IN ONE COURT TO ANOTHER. Sec. 3315. Removal by county courts on motion, after notice, of suits, &c., pending therein.-A county court wherein a suit, motion, or other civil proceeding is pending may on motion of any party, for good cause shown and after twenty days' notice to the adverse party or his attorney, order the removal of the case to any other convenient county court or corporation court or to the circuit court to which if it had been decided it might have been taken on appeal, writ of error, or supersedeas. Sec. 3316. Removal by circuit and corporation courts or their judges, on motion after notice, of suits, &c., pending in said courts.— On like motion and after like notice a circuit court or the judge thereof in vacation may order any suit, motion, or other civil proceeding pending therein to be removed to any other circuit or corporation court, and a corporation court or the judge thereof in vacation may order any suit, motion, or other civil proceeding pending therein to be removed to any other corporation or circuit court. Sec. 3317. [2 Va. L. R. 376.] Sec. 3318. [91 Va. 99.] As Amended 1897-8, p. 362. Previous Amendments 1889-90, p. 6, 32, 81. CHAPTER CLXIII. OF THE APPOINTMENT OF COMMISSIONERS IN CHANCERY, THE REFERENCE Sec. 3319. Appointment and removal of commissioners by circuit and corporation courts; their number.-Each circuit and each corporation court having chancery jurisdiction or the judge thereof in vacation shall from time to time appoint commissioners in chancery, who shall be 1891-2, p. 1092. 1893-4, p. 92, 484. removable at pleasure. There shall not be more than four such commis1895-6, p. 107. sioners in office at the same time for the same court, except that the chancery court of the city of Richmond may have ten, the circuit court of the county of Norfolk eight, the corporation court of the city of Portsmouth six, the corporation court of the city of Manchester six, and the corporation court of the city of Roanoke six, and the corporation courts and the circuit courts of the counties of Augusta, Pittsylvania, Loudoun, Rockingham, Louisa, Frederick, Shenandoah, Rockbridge, Greenesville, and the city of Petersburg may each have five in office at the same time, and the counties of Chesterfield, Amherst, and Botetourt may have six. Sec. 3321. [86 Va. 410.] Sec. 3321 a. Commissioners in chancery to compel the attendance 1893-4, p. 235. of witnesses before them.-A commissioner in chancery to whom has been referred any account or other matter may compel the attendance of all needed witnesses by summons, rule, and attachments in like manner as a circuit court, save that he shall not have the power of imprisonment. But any witness who has been fined by a commissioner acting under the authority of this statute shall within ten days from the order of fine have an appeal of right, without giving bond, to the court by whom the commissioner was appointed. Sec. 3324. [82 Va. 190, 751, 784.] Sec. 3325. [92 Va. 615.] Sec. 3326 a. (A commissioner in chancery to be examiner of records); As Amended method for a better assessment of personal property under the con- 1897-8, p. 756. Original Act trol of fiduciaries and the several courts of the commonwealth.- 1895-6, p. 773. 2 Va. L. R. 621. The circuit judge of each judicial circuit of this state shall upon the pas- 3 Va. L. R. 363. sage of this act select one of the commissioners in chancery of one of his courts or appoint an additional commissioner in chancery of such court if he deems it advisable, to act and be known as the examiner of records for his judicial circuit. Such examiner of records shall hold office as other commissioners in chancery of said court and discharge the duties hereinafter specified as well as his duties as such commissioner. It shall be his duty annually to examine all causes pending in the courts of his circuit and the records thereof and ascertain and report all money, bonds, notes, stocks, shares of stocks, capital, capital stock, choses in action, other evidences of debt, and all and every other species of personal property and income subject to taxation under the control of the courts in his circuit or held by any person, bank, or corporation subject to the order of such courts or in the hands of or under the control of receivers, commissioners, and fiduciaries appointed by such courts or appointed by any deed or will. Such examiner of records before entering upon the discharge of his duties under this act shall qualify before some court of record in his circuit and enter into and acknowledge a bond in the penalty of five thousand dollars conditioned for the faithful discharge of such duties, and conditioned also for the making good to the commonwealth of all over-payments of commissions to said examiner as provided in section six of this act, and payable to the commonwealth of Virginia, and with some solvent person or persons approved by the court appointing him as surety or sureties. As soon as such examiner of records shall have qualified he shall proceed to examine and annually thereafter shall examine the papers in all pending causes in said courts in his circuit and the records of such courts, and ascertain what money, bonds, notes, stocks, shares of stock, capital, capital stock, choses in action, other evidences of debt, and other species of personal property and income subject to taxation are held by any receiver, 1897-8, p. 335. commissioner, or fiduciary, or are under the control of said courts, or are held by any person, bank, or corporation subject to the order of such courts; and as soon as such examination is made he shall forthwith make a report thereof to the commissioner of the revenue of the county, city, or town for which such examination is made or in which said property is taxable as provided by law in such forms as shall be prescribed by the auditor of public accounts; and thereupon such commissioner of the revenue shall enter upon his personal property books the names of the persons mentioned in said report and the aggregate amount of property chargeable to each of them as stated in said report, and extend the taxes on such property as in the case of other persons and property entered on said books. If any person consider himself aggrieved by said report or extension of taxes such person may apply for correction of such taxes under the provisions of sections five hundred and sixty-seven and five hundred and sixtyeight of the code of Virginia providing for the correction of erroneous assessment of taxes. No order made in favor of the applicant shall have any validity unless it is stated therein that the attorney for the commonwealth defended the application for such correction and that the commissioner of the revenue and the examiner of records were examined as witnesses touching the application and the facts proved be certified in the order. Any bank, banking-house, corporation, or person holding money or evidences of debt or personal property of any kind under the control of any court or to the credit of any cause pending in said court or to the credit of any receiver, commissioner, or fiduciary shall upon application furnish the examiner of records with a statement or list thereof, and any bank, banking-house, corporation, or person refusing such statement or list or failing to furnish the same shall be liable to a fine of not less than ten dollars nor more than twenty-five dollars for each day's failure to furnish the same after five days' notice to do so. The examiner in addition to the duties herein before provided for shall perform and discharge all of the duties imposed upon the examiner of records under the act entitled "an act to impose additional duties upon the examiner of records of the several judicial circuits with reference to ships, tugboats, barges, boats, and other water craft," approved February the eleventh, eighteen hundred and ninety-eight. The examiner of records shall be entitled to receive as compensation for his services under this act, to be paid in the same manner as the compensation is now paid to commissioners of revenne, one-tenth of one per centum for the first one million and a half dollars of aggregate amount of property assessed under this act and one-fifteenth of one per centum on all amounts in excess of one million and a half dollars: provided, the said examiner of records shall refund and pay into the treasury the compensation paid him on all property hereafter reported by him that shall be relieved of taxes erroneously assessed thereon. Sec. 3326 b. To impose additional duties upon the examiner of records of the several judicial circuits with reference to ships, tugboats, barges, boats, or other water craft.-The examiner of records, in addition to the duties now imposed by law under an act approved March fourth, eighteen hundred and ninety-six, shall annually examine the records, both state and federal, within their respective circuits with the view of ascertaining and reporting for taxation the valuation of all ships, tugboats, barges, boats, or other water craft, whether the same be under or over five tons burden, with their tackle, rigging, and furniture and all else that pertains to them, and all other floating property owned by others than express, steamship, or steamboat companies, or shall ascertain the valuation of such property from any other sources accessible to them. As soon as such examination and valuation is made he shall make report thereof to the commissioner of the revenue of the county or corporation for which such examination is made in such form as shall be prescribed by auditor of public accounts, and thereupon such commissioner of the revenue shall enter upon his personal property books in name of the respective owners the valuation so reported of such ships, tugboats, barges, boats, or other water craft, whether the same be under or over five tons burden, with their tackle, rigging, and furniture and all else that pertains to them, and all other floating property owned by others than express, steamship, or steamboat companies, and assess the taxes thereon as if such property had been listed by the individual owners, firms, or corporations. The examiner of records shall have authority to summon before him such owner, firm, or corporation or their agent and require him to answer under oath any question touching the ownership or valuation of such property, and should such owner, corporation, or agent refuse to furnish the information requested such owner, firm, corporation, or agent shall be liable to a fine of not less than ten dollars nor more than one hundred dollars, to be recovered as other fines due the commonwealth. If any person, firm, or corporation consider himself aggrieved by such assessment or valuation the same may be corrected under the provisions of sections five hundred and sixty-seven and five hundred and sixty-eight of the code of Virginia. CHAPTER CLXIV. OF EVIDENCE. See. 3334 a. Effect as evidence of deeds conveying property here- 1897-8, p. 322. tofore or hereafter sold under deed of trust or mortgages or under any judicial proceedings.—Whenever the title to any property claimed under a conveyance or deed heretofore or hereafter made purporting to be in execution of a sale under a deed of trust, mortgage, or any judicial proceeding according to the terms of said deed of trust, mortgage, or judicial proceedings is attached or called into question in any manner, if it shall appear from the face of such conveyance or deed that such sale has been regularly made in accordance with the terms of such deed of trust or mortgage or judicial proceedings such deed or conveyance shall be prima facie evidence that such sale was regularly made and that the other recitals in such deed or conveyance are true. Sec. 3339. [93 Va. 73.] Sec. 3340. [93 Va. 73, 374.] Sec. 3341. [93 Va. 73, 374.] Sec. 3345. [84 Va. 419; 85 Va. 820.] Sec. 3346. [91 Va. 608; 92 Va. 144; 1 Va. L. R. 343, 671.] SUB-DIVISION 1. [82 Va. 122, 479, 817, 827; 84 Va. 130; 85 Va. 820; 86 Va. 953; 87 Va. 683; 89 Va. 307, 435.] SUB-DIVISION 2. [84 Va. 341, 419, 790; 85 Va. 252; 86 Va. 374, 892; 87 Va. 185; 92 Va. 173; 3 Va. L. R. 827.] |