Chap. 470.—An ACT to amend and re-enact sections 3603 and 3604 of the code
of Virginia relative to proceedings by interrogatories to ascertain the estate of ¢
debtor on which a fieri facias or a judgment may be alien, and to compel an ex:
amination of such debtor and his debtor or bailee and the delivery of the estate.

Approved February 23, 188.

1. Beit enacted by the general assembly of Virginia, That section
three thousand six hundred and three and three thousand six hundred
and four, be, and the same are, amended and re-enacted so as to read as
follows:

§ 86038. Proceeding by interrogatories to ascertain estate of debtor on which
fiert facias is a lien and any real estate to which he is entitled; how answers
to mnterregatories compelled.—To ascertain the estate on which a writ of
fieri facias is a lien, and to ascertain any real estate in or out of this
state to which a debtor named in such fieri facias is entitled, upon the
application of the execution creditor, the judge of any court of record
from which the fieri facias issued may, either in term or vacation, issue
a summons requiring the execution debtor, or any olflicer of a corpora-
tion debtor having any officer in this state, or any debtor or bailee of
his or its, requiring him or them to appear before one of the commis-
sioners of any circuit or corporation court ata time or place to be desig-
nated in the said summons to answer such interrogatories as shall be
propounded to him or them by the counsel of the execution creditor or
the commissioner, except that such summons shall not be served out of
the county or corporation in which such commissioner resides. The
debtor served with such summons shall appear at the time and place
mentioned and make answers under oath to such interrogatories. If he
fail to appear and answer, or make any answers which are deemed by
the commissioner to be evasive, the commissioner may by rule return-
able to a future day, or forthwith, require the said debtor, or his debtor
or bailee toshow cause why an attachment may not be issued against him
or them, to compel him or them to answer the interrogatories aforesaid.
or any others which he may deem pertinent. But the commissioner
shall enter in his proceedings and report to the court mentioned in sec-
tion three thousand six hundred and five, any and all the objections
taken by such debtor against answering such interrogatories or any or
either of them, and if the court afterwards sustain any one or more of
suid objections the answers given to such interrogatories as to which ob-
jections are sustained shall be held for naught in that or any other
cause.

§ 3604. Leal estate out of this state, of debtor, to be conveyed and his per-
sunal estate delivered to officer; how such conveyance and delivery compelled:
when debtor discharged from custody.—Any real estate out of this state to
which it may appear by such answers that the debtor is entitled shall be
forthwith conveyed by him to the officer to whom was delivered such
fieri facias, and any money, bank notes, securities, evidences of debt or
other personal estate, which it may appear by such answers are in
possession of or under the control of the debtor, or his debtor or bailee,
shall be delivered by him or them, as far as practicable, to the said
officer or to such other and in such manner as may be ordered by the
sald commissioner, or the said court, or the judge thereof, where it is in
court or before such Judge, unless such conveyance and delivery be
made, a writ shall be issued by the court’s order, or if the answers be
not in court, by the commissioner directed to the sheriff of any county
or the sergeant of any corporation requiring such sheriff or sergeant to
take the debtor and keep him safely until he shall make such convey-
ance and delivery, upon doing which he shall be discharged by the court
under whose order the writ issued or, if the answers were not in court,
by the court by which the commissioner was appointed, or in either
case, if the court be not sitting by the commissioner. He may also be
discharged by the said court or the judge thereof in vacation in any
case if the court or Judye shall be of opinion that he was improperly
committed or is improperly or unlawfully detained in custody.
2. This act shall be in force from its passage.