Chap. 100.—An ACT to Repeal an Act to Amend and Re-enact Sections
6, 8, 14 and 15, and to Repeal Sections 7, 16, 17 and 18 of Chapter 150
of the Code of Virginia, Edition of 1860, Concerning Warrants for
small Claims, approved March 29, 1871, and to Re-enact Sections 6, 7,
8, 14, 15, 16, 17 and 18 of the said Chapter of the Code.

Approved February 26, 1873.

1. Be it enacted by the general assembly, “That the act en- R
titled an act to amend and re-enact sections six, eight, fourteen 4,
and fifteen, and to repeal sections seven, sixteen, seventeen and ¢
eighteen of chapter one hundred and fifty of the Code of Vir- i
ginia, edition of eighteen hundred and sixty, concerning war- *
rants for small claims, approved March twenty-ninth, eighteen A
hundred and seventy-one, be and the same is hereby repealed, 15
and that the sixth, seventh, eighth, fourteenth, fifteenth, six- °
teenth, seventeenth and eighteenth sections of said chapter
one hundred and fifty of the Code be re-enacted as follows:

§ 6. After thirty days from any such judgment, no new trial
shall be granted in the case; nor shall it be granted within the
thirty days, unless the opposite party be present at the time of
the application, or unless after five days’ notice to him (if in
the county or corporation) of the time and place of the appli-
eation for such new trial. The justice who rendered the judg-
ment shall alone have power to grant such new trial, while he
is in office. If he die, resign, be absent from the county, or be
removed, it may be granted by another justice.

§ 7. If a judgment of a justice of the péace be for a sum
exceeding ten and not exceeding twenty dollars, exclusive of
interest and costs, the justice rendering it may stay execution
on it forty days from its date. If the judgment be for a sum
exceeding twenty and not exceeding thirty dollars, he may stay
execution on it sixty days from its date. If the judgment be
for a sum exceeding thirty dollars, he may stay execution on it
ninety days from its date, on such security being given in
elther case for its payment, as he may deem sufficient. From
any such judgement, the justice rendering it may, within ten
days, on such security being given as he approves for the pay-
ment of the same, and all costs and damages (if it be affirmed),
allow an appeal where the case involves the coustitutionality or
validity of an ordinance or by-law of a corporation, or where
the matter in controversy, exclusive of interest, is of greater
amount or value than ten dollars. The verbal acknowledg-
ment of any surety taken under this section shall be suffi-
cient, and the endorsement by the justice of the name of the
surety upon the warrant on which the judgment is rendered,
shall be conclusive evidence of such acknowledement. The
court in which the appeal is cognizable may, on motion, for
good cause shown, require the appellant to give new or addi-
tional security, reasonable notice of such motion having been
given to said appellant; and if he fail to give such security,
the appeal shall be dismissed with costs, and the court shall
award execution on the judgment rendered by the justice, with
costs, against the appellant and his surety.

Flow execution ts issued, directed, and returnable.

§ 8. The justice rendering any judement may isstie a writ of
fen facias thereon immediately, if there be not a new trial
granted, nor an appeal allowed, nor a stay of execution. And
where there is snch stay of execution, if the judement be not
paid within the forty or sixty days, as the ease may be, a writ
of fier facias shall thererpon be issued by a justice against
the party and Ins surety jointly, on which no security sn: oll be
taken. When the judgment is for personal property. ‘the plain-
tiff may, at his option, bave a writ of possession ‘for the re-
covery of the snares property, anid a, writ of iierl tacias for
the damages and costs: aad af the writ of povsession wrove In-
effectual, a writ of ert faelas for the altecnative valde; said
writ of possession to be directed to, exec rel and roisrned by
the same officer who would exceute the writ of teri facias.

Where distress or levy on property not ereceding value of
twenty dollars, and title disputed.

€ 14. When an execution on a judement of a justice or a
warrant of distress is levied upon property not of greater value
than twenty dollars, which is claimed by any person other thar
the party against whom it issued, such person may apply to a
justice of the county Sr corporation in which the levy is for a
warrant to a corfstable requiring him to summon both the
creditor and debtor, to show cause why the property should
not be discharged from the levy. The justice shall issue such
warrant, returnable in not less than five days; and if an ear.
lier day shall have been fixed for the sale of the property, he
shall make an order on the warrant, requiring the postpone.
ment of the sale until after return day. Upon hearing the
parties, or such of them as may attend after being summoned,
he shail order the officer to deliver the property to the claim-
ant, or the person from whom it was taken, or shall dismiss
the summons, as may seem most proper, and may give such
Judgment for costs as he may deem just. If the property be
of the value of ten dollars, the justice shall, within five
days, allow an appeal from such order and judgment, on secu-
ritv being given as in the appeals before mentioned in this
chapter.

When appeal from judgment of justice.

§ 15. The justice from whose judgment an appeal is allowed
shall immediately deliver to the clerk of the court which has
cognizance of the appeal the original warrant, with the judg-
ment and the name of the surety endorsed thereon, and the
clerk shall docket the same.

§ 16. When an appeal is allowed from any order or judg-
ment of a justice, it shall be cognizable by the county or cor-
poration court of such county or corporation, unless it be in a
case involving the constitutionality or validity of an ordinance
or by-law of a corporation, in which case it shall be cognizable
by the circuit court having jurisdiction over the county or cor-
poration in which the judyment is rendered.

€ 17. Every such appeal shall be tried in a summary way,
without pleadings in writing. The court trymg it sbail hear
all the evidence produced by either party, wacther the same
was produced before the justice from whose decision the appeal
is taken or not, and determine it according to the principles of
law and eauity. if the decision be ailirmed, execution shall
issue against the principal and his surety, jointly or separately,
for the amount of the original judgement, meluding interest
and costs, with damages on the aggregate, at the rate of ten
per centum per annum, from the date of that judgement till
payment, and for the costs of the appeal; and the execution
shall be endorsed “no security to be taken.” If the decision
be reversed, the appellant shall recover his costs; aud such
order or judgment shall be made or given as ought to have
been made or given by the justice. Where the appeal is from
an order or judgment under the fourteenth section, the court
shall give such judgment respecting the property, the expense
of keeping it, and any injury done to it as may be equitable
among the parties.
§ 18. Hither party to an appeal may give ten days’ notice to
she other party, that a motion will be made to try the appeal,
nd the court shall, on the day named 4: the notice, whether
it a quarterly or monthly term, try the appeal, without regard
0 its place on the docket, unless good cause be shown by the
\dverse party for a continuance, aud, if so continued, shall try
t as soon as may be thereafter.