An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Law Body
Chap. 222.—An ACT in relation to Action of Detinue.
Approved April 20, 1874.
1. Be it enacted by the general assembly, That whenever
in any action of detinue it is made to appear by the affidavit
of the plaintiff, his agent or attorney, that there is good
reason to believe that the defendant is insolvent, so that any
recovery against him for the alternate value of the property
and for damages and costs will probably prove unavailing,
and that the property, for the recovery of which such ac-
tion is brought, will be sold, removed, secreted or otherwise
disposed of by the defendant, or his agent, so as not to be forth-
coming to answer the final judgment of the court or justice
respecting the same, or that such property will be destroyed
or materially damaged or injured by neglect, abuse or other-
wise, if permitted tu remain longer in possession of such de-
fendant or other persons claiming under him; and when such
affidavit shall also state the kind, quantity and value of the
property claimed by the plaintiff in such action, and that the
affiant verily believes the plaintiff is entitled to recover the
same, it shall and may be lawful for the clerk of the court in
which, or the justice before whom, such action is pending, to
issue an order or other process, directed to the sheriff or other
er officer, as the case may be, commanding him to seize
and take into his possession the property mentioned in such
affidavit; and it shall be the duty of the officer to whom
such order or process is directed and delivered, to proceed
forthwith to execute the same. No such order or process,
however, shall be issued until the plaintiff, or some one for
him, shall also first execute a bond, with good security, to be
approved by the clerk or justice, in a penalty at least double
the estimated value of the property claimed, payable to the
defendant, with condition to pay all costs and damages which
may be awarded against the plaintiff in such suit, or sus-
tained by any other by reason of the seizure of such pro-
perty under such order or process; and conditioned also to
have the property so claimed forthcoming to answer any
judgment or order of the court or justice respecting the
same, and shall file such bond with the clerk or justice.
2. The defendant in any such action, or any other person
claiming title to the property so seized and taken Possession
of by the officer, may have such property returned to him at
any time after such seizure and taking, upon executing a
bond, with good security, to be approved by the officer, pay-
able to the plaintiff, in a penalty at least equal to the value
of such property, with condition to pay all costs and dam-
ages which may be awarded against the defendant in said
action, and all damages which may be sustained by any person
by reason of the return ot said property to him, and also to have
the property forthcoming to answer any judgment or order of
the court or justice respecting the same; which bond shall be
delivered to such officer, and by him returned to the office of the
clerk, or to the justice who issued such order or process.
Upon the reception of such bond by the officer, he shall
forthwith return the property taken by him to the defend-
ant, or any other person claiming title thereto, or from whose
possession it was taken. But in case no such bond shall be
delivered to such officer, after such seizure and taking, the
property shall be kept by. the officer, unless it be perishable
or expensive to keep, in which case it can only be sold by
order of the court, or, if in vacation, by order of the judge;
or, if the case can be before a justice of the peace, by order
of such justice—such sale to be made in the same manner as
if it were a sale under execution. )
3. Either party may, upon reasonable notice to the other,
except to the sufficiency of the sureties in the bond of such
other party, and the court, or judge thereof, in vacation or
term time, or the justice before whom such action is pending,
may, upon the hearing of such exceptions make such order
in the premises as may seem just and equitable.
4. The right to sue out any such order or process as is
provided for in this act, may be contested, upon reasonable
notice to the plaintiff or his attorney; and when the court or
justice is of opinion that it was issued on false’ suggestions
or without sufficient cause, judgment shall be entered, either
in term time or vacation, that such order or process be aba-
ted, and the property restored to the possession of the party
from whom it was taken, to abide the final trial of the suit.
5. Upon the final trial of any such action, if the verdict or
the judgment of the justice be for the plaintiff, the judgment |
shall be that he recover the possession of said property, if a
recovery thereof can be had, and if not, that he recover the
value thereof as found by such verdict or judgment; and that
he recover the damages assessed by the jury or justice for the
detention of said property, and his costs in such action. And
it shall be the duty of the jury or justice, in such cases, to
ascertain and assess such damages as the plaintiff has sus-
tained by reason of the detention of such property by the
defendant. In case the verdict at such trial, or the judg-
ment of the justice, be for the defendant, the jury or justice
ehall, in like manner, ascertain and assess the damages sus-
tained by the defendant by reason of the seizure and deten-
tion of said property by the plaintiff and the officer, and also
the value of said property, and judgment shall be entered,
in all respects, as is provided in the case the verdict or judg-
ment of the justice be for the plaintiff.
6. The execution issued in such cases shall conform in all
things to the judgment entered therein.
_ J, The legal charges for keeping any such property, while
in the possession of the officer, shall be paid by the plaintiff
and certified by the officer to the clerk or justice who, in case
such order or process be not abated, and final judgment be
rendered for the plaintiff, shall tax the same along with the
other costs of the suit.
8. This act shall be in force from its passage.