CHAP. 118.—An ACT to amend and re-enact seetion 86 of chapter 49
of the Code of Virginia, edition of 1873, so as to authorize courts, or
judges thereof in vacation, or justices of the peace, to order sales of
personal property seized under writs of fieri facias or under distress
warrant, in cases Where such property is expensive to keep or per-
ishable.

Approved February 27, 1879.

1. Be it enacted by the general assembly, That section thirty-
six of chapter forty-nine of the Code of Virginia, edition of
eighteen hundred and seventy-three, be amended and re-enacted
so as to read as follows :

§ 36. In any case of goods and chattels which an officer shall
distrain or levy upon, otherwise than under an attachment, or
which he may be directed to sell by an order of a court, judge,
or justice (unless such order prescribes a different course), he
shall fix upon a time and place for the sale thereof, and publish
notice of the same at least ten days, at some place-near the
residence of the owner, if he reside in the county or corpora-
tion, and at two or more public places in the officer’s county,
city, or district. If the goods and chattels be expensive to
keep or perishable, the court from whose clerk’s office the writ
of fieri facias was issued, or the judge thereof in vacation, or

he justice of the peace who issued the writ of fieri facias, or
the distress warrant under which the seizure is made, upon the

application Of any party to the procecting. may order a sale of
the property seized under such fleri facias or distress warrant
upon such notice less than ten days, as to such court, judge, or
justice may seem proper: soe it appear that the adverse
party, Nts ageit, or attorney had notice of such application
deemed reasonable by such court, judge, or justice. If the
goods and chattels be mules, work oxen, or horses, notice of
the sale, which shall be conducted as prescribed in the next
succeeding section, shall be published at the door of the court-
house of the officer’s county or corporation. At the time and
place so appointed, such officer shall sell to the highest bidder,
for cash, the said goods and chattels, or so much thereof as

may be necessary.
2. This act shall be in force from its passage.