Chap. 381.—An ACT to amend and re-enact sections 2999, 3000, and 3004 of the
Code of Virginia.

Approved December 10, 1903.

1. Be it enacted by the general assembly of Virginia, That sections
twenty-nine hundred and ninety-nine, three thousand, and three thousand
and four of the Code of Virginia, be amended and re-enacted so as to
read as follows:

§ 2999. How claim of third party tried to property distraincd or levied
on.—When property, of the value of more than twenty dollars, is taken
under a warrant of distress, or under an execution issued by a justice, or
when property of any value is taken under an execution issued by the
clerk of a court, and any person, other than the party against whom the
process issued, claims such propertly, or the proceeds or value thereof, the
circuit court of the county, or the circuit or corporation court of the cor-
poration, in which the property is taken, or the judge of such circuit or
corporation court in vacation, upon the application of the officer, where
no indemnifying bond has been given, or, if one has been given, on the
application of the person who claims such property and has given such
suspending bond as is hereinafter mentioned, may cause to appear be-
fore such court as well the party issuing such process as the party making
such claim, and such court may exercise, for the decision of their rights,
all or any of the powers and authority prescribed in the preceding section.

§ 3000. Power of court in cases under the two preceding sections.—
Such court, on the application of the party issuing said process, may
cause to appear before it the party making such claim, and may exercise
the like powers and authority. In such case as is mentioned in this or
the preceding section, the court, where no bond is given for the forth-
coming of the property, or, the judge thereof in vacation may, before a
decision of the rights, make an order for the sale of the property, or any
part thereof, on such terms as the court or judge may deem advisable, and
for the proper application of the proceeds according to the said rights.
In any case before mentioned in this chapter, the court or judge may
make all such rules and orders, and enter such judgment as to costs and
all other matters as may be just and proper.

§ 3004. How forthcoming bond taken of claimant of property the sale
whereof has been suspended; sale of property if expensive to keep or
perishable.—The sheriff or other officer levying a writ of fieri facias or
distress warrant on property, the sale of which is suspended under this
chapter, at the instance of a claimant thereof, may, if such claimant de-
sire the property to remain in such possession as it was immediately be-
fore the levy, and if the case be one in which a bond for the forthcoming
of the property is not prohibited from being taken from the debtor by
section thirty-six hundred and twenty-three, take from the claimant a
bond, with sufficient surety, in a penalty equal to double the value of the
property, payable to the creditor, with such recital as is required in a
forthcoming bond taken from the debtor, and with condition that the
property shall be forthcoming at such day and place of sale as may be
thereafter lawfully appointed; whereupon such property may be per-
mitted to remain, at the risk of such claimant, in such possession as it was
immediately before the levy; and sections thirty-six hundred and
nineteen, thirty-six hundred and twenty, thirty-six hundred and
twenty-two, thirty-six hundred and twenty-three, and thirty-six hun-
dred and twenty-four shall apply to such forthcoming bond in
like manner as to a forthcoming bond taken from the debtor.
But notwithstanding such forthcoming bond be given, if such prop-
erty be expensive to keep or perishable, the court in which proceed-
ings in the case under sections twenty-nine hundred and ninety-nine and
three thousand are pending or may be had, or, the judge thereof in va-
cation, may, before a decision of the rights of the parties under such pro-
ceedings, on the application of such claimant or of the surety in such sus-
pending or forthcoming bond, after reasonable notice of the intended
application has been given by such claimant or the surety to the other par-
ties in the case, order a sale of the property, or any part thereof, on such
terms as the court or judge may deem advisable; and the court shall ap-
ply the proceeds according to the said rights when determined.

2. This act shall be in force on and after the first day of February,
nineteen hundred and four.