Chap. 432.—An ACT to amend and re-enact sections 6384, 6385 and 6394 of
the Code of Virginia, relating to attachments. [S B 105]

Approved March 26, 1930

1. Be it enacted by the general assembly of Virginia, That sections
sixty-three hundred and eighty-four, sixty-three hundred and eighty-
five and sixty-three hundred and ninety-four of the Code of Virginia
be amended and re-enacted so as to read as follows:

Section 6384. If the plaintiff shall, at the time of suing out an
attachment, or afterward, give bond with surety, approved by the clerk
or justice issuing the attachment, in a penalty of at least double the
fair value of the property on which the attachment is levied, with con-
dition to pay all costs and damages which may be awarded against him,
or sustained by any person, by reason of his suing out the attachment,
the said officer shall take possession of the property specified in the
attachment, or where no such property is specified, of any estate or
effects of the defendant, or so much thereof as is sufficient to pay the
plaintiff’s claim. When such bond is given, the fact shall be endorsed
on the attachment, or certified by the clerk or justice to the officer,
who shall return the said certificate with the attachment; and the bond,
when taken by a justice, shall be returned by him to, and filed in, the
clerk’s office of the court to which the attachment is returnable. But
the officer levying the attachment shall, before taking possession of any
property as aforesaid, make his certificate of the fair value of the prop-
erty on which the attachment is levied, and he shall not take possession
of the same unless and until bond as aforesaid shall be given in a
penalty of at least double the fair value of the property as so stated in
his certificate. Said certificate shall be filed in the clerk’s office of
the court to which the attachment is returnable and the value so certi-
fied shall be subject to review by the court to which the attachment is
returnable or the judge thereof in vacation.

Section 6385. If a principal defendant shall file in the clerk’s of-
fice of the court to which the attachment is returnable an affidavit of
himself, his agent or attorney, that he has a substantial defense to the
merits of the plaintiff’s claim, it shall be the duty of the clerk forthwith
to notify the plaintiff, his agent or attorney, of that fact, and the attach-
ment shall stand dismissed ipso facto unless within ten days from the
service of such notice the plaintiff, or some one for him, shall enter into
bond with security approved by such clerk, in a penalty of at least
double the amount of the claim sworn to or sued for, with condition
that the plaintiff will prosecute his attachment with diligence, and that
the obligors will pay all costs and damages which may be awarded
against the plaintiff, or sustained by the said defendant, or any other
person, by reason of suing out the attachment. But this section shall
not apply in any case where the plaintiff has, prior to the filing of said
affidavit, given the bond designated in section sixty-three hundred and
eighty-four, or the defendant has.given the bond designated in section
sixty-three hundred and ninety-four.

Section 6394. Any property levied on or seized as aforesaid, under
any attachment, may be retained by or returned to the defendant or
other person in whose possession it was on his giving bond, with con-
dition to have the same forthcoming at such time and place as the court
may require; or the principal defendant may, by giving bond with ,con-
dition to perform the judgment of the court, release from any attach-
ment the whole of any estate attached. The bond in either case shall
be taken by the officer serving the attachment, with surety, payable
to the plaintiff, and in a penalty in the latter case either double the
amount or value for which the attachment issued or double the value
of the property on which the attachment was levied, at the option of
the person giving it, and in the former, either double the amount or
value for which the attachment issued or double the value of the prop-
erty retained or returned, at the option of the person giving it; pro-
vided, however, that in the event the court or the judge thereof in vaca-
tion, shall consider that the amount of any bond required by this sec-
tion sixty-three hundred and eighty-four or section sixty-three hundred
and eighty-five is excessive or inadequate, said court may,
upon motion of any party in interest after reasonable notice to the
opposite party if he can be found in the jurisdiction of the court or to
his attorney of record, if any, bond to conform to the equities of the
case.