CHAP. 411.—An ACT to amend and re-enact section 2907 of the Code of
Virginia, in relation to seizure in detinue of property sued for.

(H. B. 480.)
Approved March 21, 1916.

1. Be it enacted by the general assembly of Virginia, That
section two thousand nine hundred and seven of the Code of
Virginia be amended and re-enacted so as to read as follows:

Section 2907. When and how property sued for may be
taken from possession of defendant; how order or process of
seizure executed; the bond to be given by plaintiff.—Whenever
in any action of or warrant in detinue, it is made to appear by
the affidavit of the plaintiff, his agent, or attorney, that there is
good reason to believe that the defendant is insolvent, so that
any recovery against him for the alternate value of the prop-
erty and for damages and costs will probably prove unavailing,
or that the property, for the recovery of which such action or
warrant is brought, will be sold, removed, secreted, or otherwise
disposed of by the defendant, so as not to be forthcoming to
answer the final judgment of the court or justice respecting the
same, or that such property will be destroyed or materially
damaged or injured by neglect, abuse, or otherwise, if permit-
ted to remain longer in possession of such defendant or other
person claiming under him; and when such affidavit shall also
state the kind, quantity, and value of the property claimed by
the plaintiff in such action or warrant, and that the affiant ver-
ily believes the plaintiff is entitled to recover the same, the clerk
of the court in which, or the justice before whom, such action
or warrant is pending, shall issue an order or other process,
directed to the sheriff or other proper officer, as the case may
be, commanding him to seize and take into his possession the
property mentioned in such affidavit. And it shall be the duty
of the officer to whom such order or process is directed and de-
livered, to proceed forthwith to execute the same, and if he
find locked or fastened the building or place wherein he has
reasonable cause to believe the property specified in the order
or process is located, he may in the day time, after notice to
the defendant, his agent or bailee, break and enter such build-
ing or place for the purpose of executing such order or pro-
cess. No such order or process, however, shall be issued until
the plaintiff, or some one for him, shall execute a bond, with
sufficient surety, to be approved by and filed with the clerk or
justice, in a penalty at least double the estimated value of the
property claimed, payable to the defendant, with condition to
pay all costs which may be awarded against the plaintiff in
such action or warrant, and all damages which may accrue to
the defendant or any other person by reason of the seizure of
such property under such order or process.