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1897-8, p. 754.

Amendment

93 Va. 427.

Sec. 3427. How a chancery cause submitted for decision in vacation; As Amended how the decree certified and entered; its effect.-Any chancery cause Previous pending in a circuit or corporation court may by consent of parties in term 1895-6, p. 177. entered of record or by like consent in vacation be submitted to the said 85 Va. 588. judge for such decision and decree therein in vacation as might be made in term (and such court may without such consent when it desires time to consider of its judgment in a case which has been fully heard, direct any such cause to be submitted for decision and decree in vacation). When such consent is in vacation the judge shall certify the fact to the clerk of the court in which the cause is pending to be entered by him in his chancery order book. He shall also certify the decrees and orders made by him in vacation to such clerk to be entered in like manner.

All decrees so made and entered shall have the same force and effect as if made and entered in term, except that in a case of a decree for money the same shall be effective only from the time of day at which it is received in the clerk's office to be entered of record, but during a term of such circuit or corporation court all matters of law or fact requiring argument shall so far as practicable be heard in open court in the court-house and not in chambers, and the court shall be kept open for a reasonable time of each day of the term for such hearings.

Sec. 3428. Power of judge in vacation to enforce obedience to As Amended 1895-6, p. 177. decrees and orders.-The judge of every circuit or corporation court shall have the same power in vacation that he has in term by process of contempt to punish disobedience of and enforce obedience to any decree or order made in a cause in his court. The orders and proceedings in such case shall be certified and entered of record as provided in the preceding section, and shall be as valid as if made or had and entered in term.

Sec. 3429. Proceeding by court where money has remained under As Amended its control for seven years without any known owner or claimant.— 1897-8, p. 758. Whenever any court shall order any money under its control or in its custody to be deposited in any bank or banking institution the officer or person making such deposit shall deliver the certificate of deposit to the clerk of the court in which such order was entered. Such clerk shall file such certificate in the papers of the suit or proceedings in which such order was made, and shall in a book kept for that purpose keep a record of such money, showing the style of such suit or other proceedings, the date of the order of such deposit, the amount of such deposit, the place of such deposit, and the court in which such order was entered; and he shall from time to time as decrees are drawn on said fund charge the same against said deposits. He shall also furnish the auditor of public accounts on February first of each year with a copy of such record thus made by him showing the balance on hand February first; and the said auditor shall keep a record of same in a book kept by him for that purpose. The said clerk shall also furnish a like list of such balances to the examiner of records who shall examine the same, and if found correct he shall report same to the commissioner of revenue of his county or city, who if they be not otherwise taxed shall enter the same upon his property book and assess the proper tax thereon, which shall be paid by such bank or banking institution to the treasurer of such county or city upon the presentation of the proper tax bill therefor, and the amount so paid shall be credited against such deposit. Whenever any money shall have remained for five years in the custody or under the control of any court of this commonwealth without any owner or claimant thereof known to the court claiming such funds, such court shall where the amount is twenty-five dollars or upwards or the court may in its discretion where the amount is under twenty-five

As Amended 1897-8, p. 667.

dollars of its own motion or upon application of the attorney for the commonwealth or the auditor of public accounts, whether such money be deposited in bank or be otherwise under the control of such court, cause a publication to be made once a week for four successive weeks in some newspaper printed in the city of Richmond, and unless the court be a court held in the said city also in some other convenient newspaper printed in the state, setting forth the amount of such money, the source from which it was derived, in what court and in what suit or proceeding it is held, and in whose hands it is, and requiring all persons having any claim to the said money to appear before the court within such time after the completion of the publication as the court may prescribe and establish their claim: provided, that when the aggregate amount of such sums less than twenty-five dollars be five hundred dollars or more, then said court shall cause a joint publication of the same to be made in the manner herein provided.

Sec. 3430. When court shall order it to be paid into the treasury.— If no person appear and show title in himself the court shall order the money, after deducting therefrom the costs of such publication if such publication is made, and any other proper charges, to be paid into the treasury of the state and a proper voucher for the payment to be taken and filed among the records of the court.

Sec. 3433. [Repealed. Acts 1897-'98, page 637.]

1895-6, p. 728.

CHAPTER CLXVIII.

OF INJUNCTIONS AND BILLS OF REVIEW.

Sec. 3435. [83 Va. 141; 85 Va. 588; 86 Va. 104.]

Sec. 3436. [87 Va. 764; 88 Va. 791, 936.]

Sec. 3438. [87 Va. 764; S8 Va. 274.]

Sec. 3438 a. Granting of injunctions in certain cases.-Every court or judge authorized to award injunctions may, if in the opinion of the court or judge it be proper so to do, prescribe in the injunction order the time during which the injunction shall be effective, and after the expiration of such time the said injunction, unless previously enlarged as hereinafter provided, shall stand dissolved. The party to whom such injunction is awarded may within such time give notice to the adverse party or to his attorney at law or in fact of the time and place at which he will move the court or judge to whom the bill is addressed to enlarge such injunction or to grant a further injunction, and such adverse party may within such time and after like notice move the said court or judge to dissolve such injunction, and on such motion by either of said parties the said court or judge may dissolve or enlarge said injunction or grant a further injunction. From any such injunction which shall stand dissolved as aforesaid and from any order dissolving such injunction and refusing to grant a further injunction there shall be no appeal; but if such order of dissolution and refusal be made by a circuit or corporation court or a judge thereof application for an injunction may be made to a judge of the supreme court of appeals as provided in section thirty-four hundred and thirty-eight of the code of Virgnia, who may award an injunction in accordance with that section.

Sec. 3446. [83 Va. 300.]
Sec. 3448. [85 Va. 353.]

CHAPTER CLXIX.

OF ERRORS INSUFFICIENT IN AN APPELLATE COURT.

Sec. 3449. [82 Va. 250; 86 Va. 256; 93 Va. 584.]

Sec. 3450. [84 Va. 685; 86 Va. 359.]

86 Va. 173.

88 Va. 702.

92 Va. 794.
3 Va. L. R. 431.

Sec. 3451. Error in judgment or decree; when by default may on As Amended 1893-4, p. 376. motion be corrected in same court and in other cases by same court or 83 Va. 423. judge when there is something in the record by which to amend, or 84 Va. 145. excess may be released; within what time motion to be made.-The 87 Va. 41. court in which there is a judgment by default or a decree on a bill taken 91 Va. 473 for confessed or the judge of said court in vacation thereof may on motion reverse such judgment or decree for any error for which an appellate court might reverse it if the following section was not enacted, and give such judgment or decree as ought to be given. And the court in which is rendered a judgment or decree in a cause wherein there is in a declaration or pleading or in the record of the judgment or decree any mistake, miscalculation, or misrecital of any name, sum, quantity, or time when the same is right in any part of the record or proceedings, or when there is any verdict, report of a commissioner, bond, or other writing whereby such judgment or decree may be safely amended, or in which a judgment is rendered on a forthcoming bond for a sum larger than by the execution or warrant of distress appears to be proper, or on a verdict in an action for more damages than are mentioned in the declaration, or in the vacation of the court in which any such judgment or decree is rendered the judge thereof may on the motion of any party amend such judgment or decree according to the truth and justice of the case, or in any such case the party obtaining such judgment or decree may in the same court at any future term by an entry of record or in the vacation by a writing signed by him attested by the clerk and filed among the papers of the cause release a part of the amount of his judgment or decree, and such release shall have the effect of an amendment and make the judgment or decree operate only for what is not released. Every motion under this chapter shall be after reasonable written notice to the opposite party, his agent or attorney in fact or at law, and shall be within three years from the date of the judgment or decree.

Sec. 3452. [93 Va. 341.]

CHAPTER CLXX.

OF APPEALS, WRITS OF ERROR, AND SUPERSEDEAS.

Sec. 3453. [82 Va. 533; 87 Va. 349; 3 Va. L. R. 226.]

Sec. 3454. [82 Va. 533, 546: 83 Va. 648; 85 Va. 353, 690; 86 Va. 51, 359; 87 Va. 319, 349; 88 Va. 338; 89 Va. 513; 90 Va. 735; 93 Va. 14: 2 Va. L. R. 352.]

As Amended 1887-8, p. 17.

82 Va. 471, 672. 83 Va. 227.

Sec. 3455. When prohibited. No petition shall be presented for an appeal from or writ of error or supersedeas to any final judgment, decree, or order, whether the commonwealth be a party or not, which shall have been rendered more than one year before the petition is pre- 895. sented, nor to any judgment of a county or corporation court which is 85 Va. 34, 47, 418.

84 Va. 648, 743,

86 Va. 51, 71, 158, rendered on an appeal from a judgment of a justice except in cases where 300, 321, 537, 625, 981. it is otherwise expressly provided; nor to a judgment, decree, or order of 87 ya. 242, 283, any other court when the controversy is for a matter less in value or

426.

88 Va 338, 377. 90 Va. 735.

93 Va. 14.

3 Va. L. R. 372.

amount than five hundred dollars exclusive of costs unless there be drawn in question a freehold or franchise or the title or bounds of land or some 2 Va. L. R. 352 matter not merely pecuniary: provided, however, that if the final decree from which an appeal is asked is a decree refusing a bill of review to a decree rendered more than six months prior thereto no appeal from or supersedeas to such decree so refusing a bill of review shall be allowed unless the petition be presented within six months from the date of such decree.

Sec. 3456. [84 Va. 648.]

Sec. 3457. [86 Va. 539, 828; 93 Va. 29.]

Sec. 3458. [87 Va. 71.]

Sec. 3459. [87 Va. 141.]

Sec. 3464. [93 Va. 268.]

As Amended 1891-2, p. 962. Previous

84 Va. 159.

85 Va. 306, 516. 86 Va. 97, 153, 270, 828, 929.

Sec. 3470. [84 Va. 648.]
Sec. 3474. [87 Va. 447.]

Sec. 3483. [88 Va. 791.]

Sec. 3484. Rule of decision where the evidence (and not the facts) is certified.-When a case at law, civil or criminal, is tried by a Amendment jury and a party excepts to the judgment or action of the court in 1889-90, p. 36. 82Va. 33, 53, 115, granting or refusing to grant a new trial on a motion to set aside the 225, 449, 806. verdict of a jury on the ground that it is contrary to the evidence, or when a case at law is decided by a court or judge without the intervention of a jury and a party excepts to the decision on the ground that it is con88 Va. 20, 267, trary to the evidence and the evidence (not the facts) is certified, the rule 365, 396. 517, of decision in the appellate court in considering the evidence in the case 538, 682, 992. shall be as on a demurrer to the evidence by the appellant, except that When there have been two trials in the lower court, in which case the rule of decision shall be for the appellate court to look first to the evidence and

87 Va. 253. 460.

89 Va. 557, 717. 92 Va. 606, 772.

91 Va. 741.

93 Va. 815.

2 Va. L. R. 877.

3 Va. L. R. 370. proceedings on the first trial, and if it discovers that the court erred in setting aside the verdict on that trial it shall set aside and annul all proceedings subsequent to said verdict and enter judgment thereon.

As Amended 1887-8, p. 17. 83 Va. 242.

Sec. 3485. [82 Va. 614; 87 Va. 447; 89 Va. 92, 503; 92 Va. 687; 2 Va. L. R. 27.]

Sec. 3487. [83 Va. 20; 93 Va. 327; 2 Va. L. R. 437.]

Sec. 3492. When court of appeals may rehear and review case decided by it; when application therefor to be made; where rehearing, &c., to take place; where decision entered. The supreme court of appeals on the application of a party shall rehear and review any case decided by the said court if one of the judges who decides the case adversely to the applicant certifies that in his opinion there is good cause for such rehearing. If the case was decided within the last fifteen days of the term the application shall be made before the end of the said term or within fifteen days after the commencement of the next term, wherever held. In all other cases the application shall be made within such time during the term at which the decision was made and under such rules and regulations as the court may prescribe. Such rehearing and review may be at any place of session, and the judgment, decree,

or order made thereon shall be entered on the order book where it is made, and if not made at the place of session where the case was pending at the time it was originally determined it shall be certified to the clerk of the court at the place of session where the case was originally pending as aforesaid, who shall forthwith enter the same on his order book and transmit a certified copy thereof to the clerk of the court below to be by him entered as provided by section three thousand four hundred and ninety.

CHAPTER CLXXI.

GENERAL PROVISIONS AS TO CIVIL CASES.

TITLE 49.

FEES, ALLOWANCES, AND COSTS.

CHAPTER CLXXII

OF THE FEES OF OFFICERS, AND ALLOWANCES TO THEM.

Sec. 3501. Of commissioners in chancery.-For services which might As Amended 1895-6, p. 453. be performed by notaries, the like fees for like services; for any other ser- Previous vice such fees as the court by which the commissioner is appointed may 1889-90, p. 46. Amendments from time to time prescribe not exceeding seventy-five cents where less than 1893-4, p. 566. an hour is employed, and if more than an hour be employed not exceeding the rate of seventy-five cents for each hour; but nothing herein contained shall effect the fees of commissioners in chancery residing in the cities of Richmond, Norfolk, Alexandria, Danville, or Manchester.

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Sec. 3502. Their fees in certain cities.-A commissioner in chancery As Amended residing in the cities of Richmond, Norfolk, Alexandria, Danville, or Man- 1895-6, p. 453. chester may charge for their services which might be performed by a notary Amendments 1889-90, p. 46. the like fees for like services, and for any other services such fees as the court 1893-4, p. 566. by which the commissioner is appointed may from time to time prescribe not exceeding one dollar where less than an hour is employed, and if more than an hour be employed not exceeding the rate of one dollar for each hour; but nothing in this act shall be construed as referring to the fees of commissioners of accounts.

Sec. 3508 a. For the relief of sheriffs in the service of civil process 1889-90, p. 17. (in) of other counties than the one in which they reside. No sheriff or other officer shall be required to execute any order, notice, summons, or other process in a civil case except a writ of fieri facias sent him from any court or other source beyond the limits of his county unless the fee for the service thereof and necessary postage accompany the same. If said sheriff or other officer fail to execute such process from any cause he shall return it and return therewith the amount of fee sent him, otherwise he shall be liable to the same penalty to be enforced in the same manner as now prescribed by law for failure to return process.

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