CHAPTER 574

An Act to amend and reenact § 16-70, as amended, of the Code of Virginia,
relating to attachments.
[S 310]

Approved April. 6, 1954
Be it enacted by the General Assembly of Virginia:

1. That § 16-70 as amended, of the Code of Virginia be amended and re-
enacted as follows:

§ 16-70. A trial justice may also issue and try and decide attach-
ments when the amount of the plaintiff’s claim does not exceed one thou-
sand dollars, and the proceedings on any such attachment shall conform
to the provisions of Chapter 24 of Title 8, except that when an attachment
other than under § 8-566 is returned executed and the defendant has not
been served with a copy thereof, the trial justice, upon affidavit in con-
formity with §§ 8-71 and 8-72, shall forthwith cause to be posted at the
front door of the court house of the county or city wherein the attachment
was issued, a copy of the attachment and shall file a certificate of the fact
with the papers in the case, and, in addition to such posting, where the
amount does not exceed two hundred fifty dollars the plaintiff in the
attachment or his attorney shall give to the trial justice or his clerk the
last known address or abode of the defendant, verified by affidavit, and the
trial justice or his clerk shall forthwith mail a copy of the attachment to the
defendant at his last known address or place of abode or if the defendant
be a corporation, at its last known address. The mailing of the copy,
as aforesaid, shall be certified by the trial justice or by his clerk and
such certification shall be filed with the papers in the case and where
the amount is more than two hundred fifty dollars an order of publication
shall be entered in accordance with the provisions of §§ 8-71 and 8-72.

Fifteen days after the copy of the attachment has been so posted or
posted and published, and the copy of the attachment has been so mailed,
the trial justice may proceed to try and decide the attachment.

But when any such attachment is levied on real estate, the trial
justice shall take no further cognizance of the case, but shall forthwith
remove the same to the circuit court of his county, or the corporation
court of his city, as the case may be, to be further proceeded with in such
court as if the attachment had originated therein.