Chap. 345.—An ACT to Amend and Re-enact Section seventeenth, Chap-
ter one hunired and fifty-one of the Code, in Relation to Proceeding
where there is a Garnishee,

Approved April 1, 1873.

1. Be it enacted by the general assembly, That the seven- chapter
teenth section of chapter one hundred and fifty-one of the Code re!

roceed:
Code of Virginia, edition of eighteen hundred and sixty, be where tt
amended and re-enacted so as to read as follows: bese

§ 17. When any garnishee shall appear, he shall be exam- Code, ¢.
ined on oath. If it appear, on such examination, or by his Garhieh
answer to a bill in equity, that at or after the service of the ¢xim™
attachment he was indebted to the defendant against whom the It indeb
claim is, or had in his possession or control any goods, chat- be paid:
tels, money, securities or other effects, belonging to the said ceiver
defendant, the court may order him to pay the amount so
due by him, and to deliver such effects to such person as it
may appoint as receiver; or such garnishee, with the leave of stay piv
the court, may give bond, with sutticient security, payable to o pa pay ye
such person, and in such penalty as the court shall prescribe, property
with condition to pay the amount due by him, and have such °™'#8
effects forthcoming at such time and place as the court may
thereafter require: provided, that the judgment debtor may jgygome
claim that the amount so found due from the garnishee shall deb'or t
be exempt from the payment of the debt to the judgment howe.
creditor; and if it shall appear that the said judgment debtor
has not claimed and held as exempt the amount of his home-
stead in other property or thing, then the court shall not ren- syarmer
der a judgment for the amount so found due in favor of the comt
judgment creditor, except it be for the excess of the same over
and above the homestead exemption.

2. This act shall be in force from its passage. Commer.