Chap. 377.—An ACT to amend and re-enact sections 2961 as amended by an ac
approved March 2, 1896, 2962, and 2965 as amended by an act approved Febru:
ary 27, 1894, of the Code of Virginia.

e
Approved December 10, 1903,

1. Be it enacted by the general assembly of Virginia, That section
twenty-nine hundred and sixty-one, as amended by an act approver
March second, eighteen hundred and ninety-six, twenty-nine hundred anc
sixty-two and twenty-nine hundred and sixty-five, as amended by an ac
approved February twenty-seventh, cighteen hundred and ninety-feur
of the Code of Virginia, be amended and re-enacted so as to read as fol
lows :

§ 2961. Attachment against debtor removing his effects out of the
State, whether claim payable or not.—On complaint by any person, hi:
agent or attorney, whether the claim of such person is payable or not
to a justice, or to the clerk of the circuit or of any city court of the counts
or corporation in which the debtor against whom the claim is resides, o1
in which he has estates or debts owing to him. or if he has removed from
the State in which he last resided, or in which he has estate or debts owing
to him, or if he has never resided in the State in which he has estate or
debts owing to him, or if such debtor be a corporation in which such
corporation has estate or debts owing to it, that the said debtor intends
to remove or is removing, or has removed his effects out of this State.
so that there will probably not be therein effects of such debtor sufficient
to satisfy the claim when judgment is obtained therefor, should only the
ordinary process of law be issued to obtain the judgment. if such person.
his agent or attorney, make oath to the truth of the complaint to the
best of his belief, as well as to the amount and justice of the claim.
and if the same is not payable, at what time it will be payable. the justice:
or clerk, as the case may he, shall issue an attachment. against the estate
of the debtor for the amount so stated.

§ 2962. Against tenant removing his effects from leased premises—On
complaint by any lessor, his agent or attorney, to a justice or to the clerk
of the circuit court of the county or of the circuit or any city court of
the corporation in which the leased premises or a part thereof mav be.
that any person liable to him for rent intends to remove, or is removing.
or has, within thirty days, removed his effects from such premises, if
such lessor, his agent or attorney, make oath to the truth of such com-
plaing to the best of his belief and to the rent which is reserved (whether
in money or other thing), and will be payable within one year, and the
time or times when it will be so payable, and also make oath either that
there is not, or he believes. unless an attachment issues, that there will
not be left on such premises property liable to distress sufficient to satisfy
the rent so to become payable, such justice oreclerk, as the case may be,
shall issue an attachment for the said rent against such goods as might
be distrained for the same if it had become payable. and against any
other estate of the person so liable therefor. )

§ 2965. To whom attachment may be directed when returnable—Any
attachment issued under this chapter may be dirceted to the sheriff, ser-
geant or constable of any county or corporation. If issued in a pending
suit, it shall be returnable to a term of the court in which the same is
pending, or to some rule day thereof. When not issued in a pending
suit, if the claim exceed twenty dollars (exclusive of interest), it
shall be returnable by the justice or clerk issuing the same, at the option
of the plaintiff, to the next term of the circuit court of the county or
to the circuit or any city court having jurisdiction of the subject matter
of the corporation in which such justice or clerk resides. Any attach-
ment issued by a justice or clerk, the return of which is not elsewhere
provided for, shall, when the claim docs not exceed twenty dollars (exclu-
sive of interest), be returnable and proceeded upon according to the pro-
visions of section twenty-nine hundred and cighty-cight: provided, that.
when issued by a clerk such attachment shall be returnable before some
justice of his county or corporation.

2. This act shall be in force on and after February first, nineteen hun-
dred and four.