Chap. 274.—An ACT to amend and re-enact section 6035 of the Code of He sar]
Approved March 15, 1924.

1. Be it enacted by the general assembly of Virginia, That section
six thousand and thirty-five of the Code of Virginia be amended and re-
enacted so as to read as follows:

Section 6035. Proceedings before a justice to try the title to prop-
erty levied on under distress warrant or execution from justice; when
and how appeal allowed.— When an execution on a judgment of a justice,
or warrant of distress, is levied upon property which is claimed by any
person other than the party against whom it issued, and affidavit is made
either by the claimant, the officer having such process, or the party
issuing the same, that to the best of affiant’s belief the said property is
not of greater value than three hundred dollars, the party making said
affidavit may apply to a justice of the county or corporation in which the
levy is for a warrant to a constable requiring him to summon both the
creditor and debtor to show cause why such property should not be
discharged from the levy, a copy of which warrant shall be served upon
the claimant of said property, unless said warrant is sued out at his
instance. The justice shall issue such warrant returnable in not less
than five days, and if an earlier day shall have been fixed for the sale
of the property, he shall make an order on the warrant requiring the
postponement of the sale until after the return day. Upon hearing the
parties, or such of them as may attend after being summoned, and such
witnesses as may be introduced by either party, he shall order the officer
to deliver the property to the claimant, if he be of opinion that the same
belongs to said claimant; but if he be of opinion that the property be-
longs to the person against whom the execution or warrant of distress
issued, he shall order the officer who levied on the same to sell the prop-
erty to satisfy said execution, or warrant of distress, and may give such
judgment for costs as he may deem just. If the property be over twenty
dollars in value, the justice shall, within ten days, allow an appeal (if
applied for) from such order and judgment on security being given as in
the appeals before mentioned in this chapter.