Chap. 320.—An ACT to amend and re-enact section 2969 of the
code of Virginia in reference to attachments.

Approved February 20, 1892.

1. Be it enacted by the general assembly of Virginia,
That section twenty-nine hundred and fifty-nine of chap-
ter one hundred and forty-one of the code of Virginia, be
amended and re-enacted so as to read as follows:

§ 2959. When and for what attachment may be sued
out; by whom issued; the affidavit required; who may
make it; grounds for attachment.—If at the time of, or
after the institution of any action at law for the recovery
of specific personal property, or a debt, or damages for
the breach of a contract, express or implied, or damages
for a wrong, the plaintiff, his agent or attorney, shall
make affidavit, stating that the plaintiff’s claim is be-
lieved to be just, and where the action is to recover specific
personal property, the nature and, according to the aff-
ant’s belief, the value of such property, and the probable
amount of damages the plaintiff will recover for the de-
tention thereof, and where it is to recover adebt or dam-
ages for the breach of a contract, express or implied, or
damages for a wrong, a certain sum which (at the least)
the affiant believes the plaintiff is entitled to or ought te
recover, and stating also the existence, to the best of the
affiant’s belief, of one or more of the following grounds
for attachment: that the defendant, or one of the defend-
ants—

First. Is a foreign corporation, or is not a resident of this
state, and has estate or debts owing to said defendant
within the county or corporation in which the action is,
or is sued with a defendant residing therein, or that the
defendant, being a non-resident of this state, is entitled
to the benefit of any lien, legal or equitable, on property,
real or personal, within the county or corporation in
which the action is, and the word estate, as herein used,
shall include all rights or interests of a pecuniary nature
which can be protected, enforced, or proceeded against in
courts of law or equity; but this provision as to equita-
ble estates and interests so far as amendatory of existing
laws shall not apply to attachments sued out before the
passage of this act. This section, as so enlarged, shall
come under the provisions of section twenty-nine hundred
and sixty-four, concerning attachments in equity; or,

Second. Is removing or about to remove out of this state,
with intent to change his domicile; or,

Third. Is removing, intends to remove, or has removed
the specific property sued for, or his own estate, or the pro-
ceeds of the sale of his property, or a material part of such
estate or proceeds, out of this state, so that process of ex-
ecution on a judgment, when obtained in said action, will
be unavailing; or,

Fourth. Is converting, or is about to convert, or has con-
verted, his property of whatever kind, or some part there-
of, into money, securities, or evidences of debt, with in-
tent to hinder, delay, or defraud his creditors; or,

Fifth. Has assigned or disposed of, or is about to assign
or dispose of, his estate, or some part thereof, with intent
to hinder, delay, or defraud his creditors: In any such
case the clerk of the court in which the action is, shall
issue an attachment as the case may require.

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