Chap. 152.—An ACT to amend and re-enact section 6022 of the Code of Virginia,

as last amended by an act approved March 24, 1930, in relation to justices of

the peace. [H B 150]
Approved March 22, 1932

1. Be it enacted by the general assembly of Virginia, That section
six thousand and twenty-two of the Code of Virginia, as last amended
by an act approved March twenty-fourth, nineteen hundred and thirty,
be amended and re-enacted so as to read as follows:

Section 6022. The justice shall try such warrant according to the
principles of law and equity, and give judgment for the sum due to
either party, with interest, or for the property to which the plaintiff is
entitled (or its value), with damages. Costs shall be awarded or re-
fused to either party on like principles. In the trial of all warrants,
both civil and criminal, in counties, and in the trial of all civil war-
rants in cities of the second class, upon application of the defendant,
made at least one day before trial, to the justice of the peace, who
issued said warrant and before whom it is returnable, such justice shall
associate with himself two other justices of the peace of the county or
city of the second class, who shall try said warrant, and in case of dis-
agreement in opinion, the opinion of the majority shall prevail; but no
such trial of any civil warrant shall be had within five days after the
service of the warrant, except with the consent of the parties. Judg-
ments rendered against the defendant on such warrants after applica-
tion has been made as aforesaid, shall be null and void if rendered
solely by the justice of the peace who issued the warrant; however,
if it appear that any civil warrant was issued at the instance of or on
behalf of any person, firm, or corporation prohibited by an act of the
general assembly of Virginia, approved March twenty-first, nineteen
hundred and twenty-four, chapter four hundred and fifteen, from rep-
resenting such claim before a justice, it shall be the duty of the justice
to forthwith dismiss such warrant at the cost of the plaintiff but with-
out prejudice to the plaintiff thereafter to properly prosecute his
claim; and if judgment be rendered on such warrant in favor of the
plaintiff, the judgment and execution and all proceedings thereafter
had thereon shall, on motion of any defendant or any creditor of any
defendant made within three months after the rendering of such
judgment, be set aside and annulled at the cost of the plaintiff by
such justice trying the case, or in case of his absence or inability to
act, by any other justice of the same magisterial district, after at least
five days’ notice in writing to the plaintiff if a resident of this State,
and in event the plaintiff be a non-resident of this State, two copies of
such notice shall be delivered to the justice at least ten days before the
date of hearing, and it shall be the duty of the justice to forthwith
mail a copy of such notice to the plaintiff addressed to the last known
post office address of the plaintiff at least ten days before the date fixed
for such hearing. Any order entered by the justice on such motion
shall be subject to appeal as in other cases by any party to such mo-
tion, such appeal to be perfected as other appeals in civil cases before
a justice are perfected.