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JUDGMENT LIENS AND EXECUTIONS.
OF ENFORCING DECREES AND ORDERS; DOCKETING JUDGMENTS AND OTHER
LIENS OF THE LIKE NATURE; TIIE EFFECT OF SUCI LIENS; AND THE LIM-
Sec. 3557. [93 Va. 155; 2 Va. L R. 526.]
Sec. 3559 a. To authorize judgments and decrees of the circuit and 1889.90, p. 22. district courts of the United States to be docketed and indexed in the clerk's office of the courts of Virginia.-Judgments and decrees rendered in a circuit or district court of the United States within this state may be docketed and indexed in the clerks' offices of courts of this state in the same manner and under the same rules and requirements of law as judgments and decrees of courts of this state.
Sec. 3560. How judgments are docketed.--In such docket there shall be As Amended stated in separate columns the date and amount of the judgment, the names
1897-8, p. 507. of all the parties thereto, the alternative value of any specific property recovered by it, ihe date of docketing it, the amount and date of any credits thereon, the court in which or the justice by whom it was rendered, and when paid off or discharged in whole or part the time thereof, and by whom such payment or discharge was made where there is more than one defendant. And in case of a judgment or decree by confession or in vacation the clerk' shall also enter in such docket the time of day at which the same was confessed or at which the same uus receired in his office to be entered of record. And it shall be the duty of the clerk of any circuit court in which a judgment is confessed or entered in vacation to certify to the clerk of the county or corporation court the time of day of such confession or the time at which the vacation decree was received in his office to be entered.
Sec. 3566. [89 Va. 755.]
Sec. 3567. Judgment to be a lien on all real estate of debtor; As Amended from what time. -Every judgment for money rendered in this state 1897-8, P.: 507. heretofore or hereafter against any person shall be a lien on all the real 93 Va. 361, 455. estate of or to which such person is or becomes possessed or entitled at or after the date of such judgment, or if it was rendered in court at or after the commencement of the term at which it was so rendered.
But in the case of any judgment or decree for money hereafter rendered in vacation or hereafter confessed (unless it be a judgment confessed in court) in a suit in which a judgment might hure been rendered on the first day of the term such judgment or decree shall be effective only from the time of day at which the same was confessed or at which such judgment or decree in vacation was received to be entered of record in the clerk's office of the court entering the same; and when more than one judgment or decree is confessed or entered in vacation on the same day they shall have priority in the order with respect to the time when they are confessed or received for record in suid clerk's office: provided, that when several judgments are confessed together they shall all be deemed to have been confessed as of the time the first was confessed, and the clerk shall enter such time on the margin of his order book. This section is qualified by section three thousand six hundred and forty-nine and the three following sections.
Sec. 3568. [2 Va. L. R. 526.]
Sec. 3571. [82 Va. 874; 83 Va. 81, 232, 432; 84 Va. 163; 85 Va. 139; 86
Sec. 3573. [82 Va. 46 ; 87 Va. 621.]
Sec. 3577. [82 Va. 46, 349, 872; 83 Va. 533; 86 Va. 543; 87 Va. 621; 88
Sec. 3578. [82 Va. 319; 86 Va. 543; 87 Va. 621; 88 Va. 426.]
OF EXECUTIONS FOR SPECIFIC PROPERTY, AND OF WRITS OF FIERI FACIAS
AND VENDITIONI EXPONAS.
As Amended Sec. 3581. Fieri facias allowed on judgment for money; what writs 1897-8, p 586 2 Va. 2. R. 701. may not issue; distringas only for specific personal property.-On a
judgment for money it shall be the duty of the clerk of the court in which such judgment was rendered to issue a writ of fieri fucias as soon as practicable after the adjournment for the term of the court at which such judgment was rendered and place the same in the hands of the proper officer of such court to be erecuted and take his receipt therefor unless he be otherwise directed by writing by the beneficiary of such judgment, his agent or attorney. No writ of levari facias, writ of elegit, writ of capias ad satixfaciendum, or writ of distringas shall be issued hereafter except that a writ of distringas may be issued on a judgment for specific property.
Sec. 3587. [2 Va. L. R. 704.]
OF THE ADDITIONAL LIEN OF THE WRIT OF FIERI FACIAS, AND THE MEANS OF
ENFORCING RECOVERIES OF MONEY OTHERWISE THAN BY SUCH WRIT.
Sec. 3601. [2 Va. L. R. 704; 3 Va L. R. 302, 379.] As Amended Sec. 3603. Proceeding by interrogatories to ascertain estate of 1897-8, p. 503. 2 Va. 1. R. 704. debtor on which fieri facias is a lien and any real estate to which he is
entitled; how answers to interrogatories compelled.–To ascertain the estate on which a writ of fieri facias is a lien and to ascertain any real estate in or out of this state to which a debtor named in such fieri facias is entitled upon the application of the execution creditor the judge of any court of record from which the fieri facias issued may, either in term or vacation, issue a summons requiring the execution debtor or any officer of a corporation debtor having any officer in this state or any debtor or bailee of his or its, requiring him or them to appear before one of the commissioners of any circuit or corporation court at a time or place to be designated in the said sum
mons to answer such interrogatories as shall be propounded to him or them by the counsel of the execution creditor or the commissioner, except that such summons shall not be served out of the county or corporation in which such commissioner resides. The debtor served with such summons shall appear at the time and place mentioned and make answers under oath to such interrogatories. If he fail to appear and answer or make any answers which are deemed by the commissioner to be evasive the commissioner may by rule returnable to a future day or forth with require the said debtor or his debtor or bailee to show cause why an attachment may not be issued against him or them to compel him or them to answer the interrogatories aforesaid or any others which he may deem pertinent. But the commissioner shall enter in his proceedings and report to the court mentioned in section three thousand six hundred and five any and all the objections taken by such debtor against answering such interrogatories or any or either of them, and if the court afterwards sustain any one or more of said objections the answers given to such interrogatories as to which objections are sustained shall be held for naught in that or any other cause.
Sec. 3604. Real estate out of this state of debtor to be conveyed As Amended and his personal estate delivered to officer; how such conveyance and 2 Va.L. R. 704. delivery compelled ; when debtor discharged from custody.-Any real estate out of this state to which it may appear by such answers that the debtor is entitled shall be forth with conveyed by him to the oflicer to whom was delivered such fieri facias, and any money, bank notes, securities. evidences of debt, or other personal estate which it may appear by such answers are in possession of or under the control of the debtor or his debtor or bailee shall be delivered by him or them as far as practicable to the said officer or to such other and in such manner as may be ordered by the said commissioner or the said court or the judge thereof where it is in court or before such judge; unless such conveyance and delivery be made a writ shall be issued by the court's order, or if the answers be not in court by the commissioner directed to the sherits of any county or the sergeant of any corporation requiring such sheriff or sergeant to take the debtor and keep him safely until he shall make such conveyance and delivery, upon doing which he shall be discharged by the court under whose order the writ issued, or if the answers were not in court by the court by which the commissioner was appointed, or in either case is the court be not sitting by the commissioner. He may also be discharged by the said court or the judge thereof in vacation in any case if the court or judge shall be of opinion that he was improperly committed or is improperly or unlawfully detained in custody.
Sec. 3609. [2 Va. L. R. 704; 3 Va. L. R. 379.]
Sec. 3616. [2 Va. L. R. 704.]
OF FORTHCOMING BONDS.
Sec. 3617. [85 Va. 3-13; 89 Va. 286; 3 Va. L. R. 451.]
Sec. 3619. [85 Va. 350; 2 Va. L. R. 704; 3 Va. L. R. 451.]
EXEMPTION OF PROPERTY OF ROUSEHOLDER (AND OTHERS).
EXEMPTION OF PROPERTY OF A HOUSEHOLDER OR HEAD OF A FAMILY (AND
OTHERS) FROM LEVY, SEIZURE, GARNISHMENT, OR SALE FOR DEBT OR
1889-90, p. 117. 93 Va. 584.
Sec. 3630. [83 Va. 701; 84 Va. 895; 87 Va. 177; 90 Va. 936; 2 Va. L. R. 893.]
Sec. 3635. [85 Va. 177 ]
Sec. 3649 a. Courts of the commonwealth in all cases in which they render judgments or decrees on instruments waiving the homestead or on demands against which the homestead cannot be claimed to embody the facts as the case may be in said judgments or decrees, and to endorse the same on the executions issued thereon.-1. Hereafter whenever a judgment or decree is rendered on an instrument waiving the homestead or upon a demand against which the homestead cannot be claimed the court shall include in its judgment or decree words to the following effect, as the case may be: “Upon an instrument waiving the homestead, upon a claim against which the homestead cannot be demanded." This statement shall be endorsed upon the executions issued upon said judgments or decrees.
2. In any action or suit when it is not apparent from the face of the pleadings that the demand is not subject to the homestead exemption the plaintiff shall not have the benefit of the foregoing section unless in his declaration he alleges that his demand is not subject to such homestead exemption.
3. But no presumption of non-waiver or presumption that the judgment or decree was rendered upon a demand against which homestead could be claimed is to be drawn from the silence of any judgment, execution, or decree on the matters provided for by this act.
Sec. 3650. The articles which a householder, in addition to the foregoing exemption, may hold exempt from levy or distress.-In addition to the estate, not exceeding in value two thousand dollars, which every householder residing in this state shall be entitled to hold exempt as provided in the preceding sections of this chapter, he shall also be entitled to hold exempt from levy or distress i he following articles or so much or so many thereof as he may have, except that the live stock so exempted under this and the following section of this chapter shall not be exempt from any levy or distress made under the provisions of chapter ninety-three of this code:
First. The family Bible.
Second. Family pictures, school books, and library for the use of family not exceeding in all one hundred dollars in value.
Third. A seat or pew in any house or place of public worship.
As Amended 1889-90, p. 102. 93 Va. 78.
Fifth. All necessary wearing apparel of the debtor and his family, all beds, bedsteads, and bedding necessary for the use of such family, and all stoves and appendages put up and kept for the necessary use of the family not exceeding three.
Sixth One cow and her calf till one year old, one horse, six chairs, six plates, one table, six knives, six forks, one dozen spoons, two dishes, two basins, one pot, one oven, six pieces of wooden or earthenware, one loom and its appurtenances, one safe or press, one spinning wheel, one pair of cards, one axe, two hoes, ten barrels of corn or in lieu thereof twenty-five bushels of rye or buckwheat, five bushels of wheat or one barrel of flour, two hundred pounds of bacon or pork, three hogs, ten dollars in value of forage or hay, one cooking stove and utensils for cooking there with, and one sewing machine, and in the case of a mechanic the tools and utensils of his trade not exceeding one hundred dollars in value, and in case of an oysterman or fisherman his boat and tackle not exceeding two hundred dollars in value; if the boat and tackle exceed two hundred dollars in value the same shall beosold and out of the proceeds the oysterman or fisherman shall first receive two hundred dollars in lieu of such boat and tackle.
Sec. 3652. [90 Va. 936.]
Sec. 3652 a. For the protection of laboring men who are house- As Amended holders against being deprived of the exemption to which they Original Act are entitled under section 3652 of the code of Virginia.—1. It shall 1895-6, p. 324 be unlawful for any person to institute or permit to be instituted proceedings in his own name or in the name of any other person, or to assign or transfer, either for or without value, any claim for debt or liability of any kind held by him against a resident of this state who is a laboring man and a householder for the purpose of having payment of the same or any part thereof enforced out of the wages exempted by section three thousand six hundred and fifty-two of the code of Virginia by proceedings in attachment or garnishment in courts or before justices of the peace in any other state than in the state of Virginia, or to send out of this state by assignment, transfer, or in any other manner whatsoever, either for or without value, any claim or debt against any resident thereof for the purpose or with the intent of depriving such person of the right to have his wages exempt from distress, levy, or garnishment according to the provisions of section three thousand six hundred and fiftytwo of the code of Virginia. And the person instituting such suit or permitting such suit to be instituted, or sending, assigning, or transferring any such claim or debt for the purpose or with the intent aforesaid shall upon conviction thereof be fined not less than ten dollars nor more than one hundred dollars, and shall in addition thereto be liable in an action of debt to the person from whom payment of the same or any part thereof shall have been enforced by attachment or garnishment or otherwise elsewhere than in the state of Virginia for the full amount, payment whereof shall have been so enforced, together with interest thereon and the costs of the attachment or garnishee proceedings as well as the costs of said action.
2. The amount recovered in such action shall stand on the same footing with the wages of the plaintiff under section three thousand six hundred and fifty-two of the code and shall also be exempt and free from any and all liability of the plaintiff to the defendant in the way of set-off or otherwise.
3. The fact that the payment of a claim or debt against any person entitled to the exemption provided for in section three thousand six hundred and fifty-two of the code has been enforced by legal proceedings in