Chap. 523.—An ACT to amend and re-enact sections 3605, 3614, and 3615 of the
Code of Virginia.

Approved December 31, 1903.

1. Be it enacted by the general assembly of Virginia, That sections
thirty-six hundred and five, thirly-six hundred and’ fourteen, and thirty-
six hundred and fifteen of the Code of Virginia be amended and re
enacted so as to read as follows:

§ 3605. Interrogatories, answers, et cetera, to be returned to court.—
The commissioner shall return the interrogatories and: answers filed with
him, and a report of the proceedings under the two preceding sections,
to the court in which the judgment is, or if the judgment be of a justice,
to the circuit court of the county or corporation court of the corporation
in which such: justice resides.

§ 3614. By whom and how suit brought to recover estate on which
fieri facias, or judgment on which it issues, is a lien, or to enforce any
liability in respect thereto.—For the recovery of any estate on which 8
writ of fieri facias is a lien under this chapter, or on which the judgment
on which such writ issues is a lien under chapter one hundred and
seventy-four, or for the enforcement of any liability in respect to any
such estate a suit may be maintained, at law or in equity, as the case may
require, in the name of the officer to whom such writ was delivered, or in
the name of any other officer who may be designated for the purpose by
an order of the court in which the judgment is, or if the judgment be of
a justice, by an order of the circuit court of the county or of the corpo-
ration court of the corporation in which such justice resides. No officer
shall be bound to bring such suit unless bond, with sufficient surety, be
given him to indemnify him against all expenses and costs which he may
incur or become liable for by reason thereof. But any person interested
may bring such suit at his own costs in the officer’s name.

§ 3615. How and when officer receiving money under this chapter to
make return thereof and pay net proceeds; how liable for failure—An
officer receiving money under this chapter shall, within thirty days there-
after, make return thereof to the court or the clerk’s office of the court
in which the judgment is, or, if it was rendered by a justice, to the cir-
cuit court of the county or to the corporation court of the corporation,
or to the clerk’s office of either in which such justice resides; and for
failing so to do shall be liable as if he had acted under an order of said
court. After deducting from said money a commission of five per
centum and his necessary expenses and coste, including reasonable fees
to counsel, he shall pay the net proceeds, and he and his sureties and
their representatives shall be liable therefor, in like manner as if the
same had been made under a writ of fieri facias on the judgment, re-
turnable at the end of said thirty days.

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