Chap. 226.—An ACT to amend and re-enact Section 6035 of the Code of Virginia,
as heretofore amended, relating to the trial by certain justices, of claims of third
parties to property levied on under certain executions or distress warrants, and
to money and other personal estate subject to the lien of such executions.

[S B 214]
Approved March 16, 1940

1. Be it enacted by the General Assembly of Virginia, That
section sixty hundred and thirty-five of the Code of Virginia, as
heretofore amended, be amended and re-enacted so as to read as
follows:

Section 6035. When an execution on a judgment of a trial justice,
or a warrant of distress, is levied upon property, or a lien acquired
on money or other personal estate by virtue of section sixty-five
hundred and one and some person other than the party against whom
the process issued, claims such property, money or other personal
estate, or some part thereof, either the claimant, the officer having
such process, or the party who had the same issued, may apply to
the trial justice of the county or city wherein the said property,
money or other personal estate may be, to try the claim of the said
party so claiming the same, or some part thereof; and if the party
making such application shall make and file an affidavit that to the
best of affiant’s belief, the said property, money or other personal
estate so claimed by such third party, is not of greater value than
one thousand dollars, the said trial justice shall issue a summons
directed to the sheriff or any constable of his county, or the sergeant
of his city, as the case may be, requiring him to summon both the
creditor and the debtor to appear and show cause why such property,
money or other personal estate, or any part thereof, should not be
discharged from levy or lien of such execution or distress warrant, a
copy of which summons shall be served upon the claimant of said
property, money or other personal estate, unless said summons is
sued out at his instance. The said trial justice shall make such
summons returnable not less than five days after the date of its
issuance, and if an earlier day shall have been fixed for the sale of
the property, or for the return of any process subjecting such money
or other personal estate to a final disposition, he shall make, and
endorse on said summons, an order requiring the postponement of
the sale, or the hearing to be had on such process, until after the
return day of said summons. 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, or the
possessor, of any money or other personal estate to deliver the same
to the claimant, if he be of opinion that the same belongs to said
claimant; but if he be of opinion that the property levied on, money
or.other personal estate, or any part thereof, belongs 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 property so liable, to
satisfy said execution, or warrant of distress, or where there is money
or other personal estate in the possession of a bailee or garnishee, he
shall order the bailee or garnishee, as the case may be, to make de-
livery to the execution creditor, of all such money or other personal
estate so found to belong to the execution debtor, or so much thereof
as may be necessary to satisfy said execution, and he may give such
judgment for costs as he may deem just. If the property or money
so claimed, be over twenty dollars in value, the trial justice shall, at
any time within ten days, allow an appeal (if applied for) from such
order and judgment, on security being given in accordance with the
provisions of section six thousand and twenty-seven.

_ This section shall also apply to civil and police justices, police
justices, and civil justices, where the amount of the money or the
value of the property in controversy does not exceed the amount of
which any such justice has jurisdiction in other cases; and removals
and appeals shall be permitted as in other cases from such civil and
police justices, police justices, and civil justices.