Chap. 269.—An ACT to amend and re-enact section 2954 of the code of Vir-
ginia, in regard to proceedings before-a justice for release to claimant of pro-
perty taken under distress warrant, or levied on under execution on judg-
ment of a justice, and when and how appeal allowed.

Approved February 11, 1896.

1. Be it enacted by the general assembly of Virginia, That sec-
tion twenty-nine hundred and fifty-four of the code of Virginia, in
regard to proceedings before a justice for release to claimant of pro-
perty taken under distress warrant, or levied on under execution on
judgment of a justice, and when and how appeal allowed, be amended
and re-enacted so as to read as follows:

§ 2954. Proceedings before a justice for release to claimant of pro-
perty taken under distress warrant, or levied on under execution on
judgment of a justice; when and how appeal allowed.—When an
execution on a judgment of a justice or warrant of distress is levied
upon property which is claimed by any person other than the party
against whom it issued, and affidavit is made either by the claimant,
the officer having such process, or the party issuing the same, that,
to the best of said affiant’s belief, the said property is not of greater
value than twenty dollars, the party making said affidavit may ap-
ply to a justice of the county or corporation in which the levy is
for a warrant to constable requiring him to summon both the cred-
itor and debtor to show cause why such property should not be dis-
charged from the levy, a copy of which warrant shall be served upon
the claimant of said property, unless said warrant is sued out at his
instance. The justice shall issue such warrant, returnable in not
less than five days, and if an earlier day shall have been fixed for
the sale of the property, he shall make an order on the warrant, re-
quiring the postponement of the sale until after the return day.
Upon hearing the parties, or such of them as may attend after being
summoned, and such witnesses as may be introduced by either party,
he shall order the officer to deliver the property to the claimant, if
he be of opinion that the same belongs to said claimant; but if he
be of opinion that the property belongs to the person against whom
the execution or warrant of distress issued, he shall order the officer
who levied on the same to sell said property to satisfy said execu-
tion or warrant of distress, and may give such judgment for costs as
he may deem just. If the property be of the value of ten dollars or
more, the justice shall, within five days, allow an appeal (if applied
for) from such order and judgment, on security being given as in the
appeals before mentioned in this chapter.

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