Chap. 292.—An ACT to provide for the sale or partition of personal property
of greater value than twenty dollars where it is owned by two or more
persons jointly who cannot agree upon a sale or division of the same.

; {[H B 2is)
Approved March 16, 1918.

1. Be it enacted by the general assembly of Virginia, That where
personal property of greater value than twenty dollars and not
more than three hundred dollars 1s owned jointly by two or more
persons, and a sale or partition thereof cannot be agreed to be had
among them for any cause, then any party in interest may file a
petition before a justice of the peace of the magisterial district. of
the county or corporation wherein said property is located, or where-
in the defendant or any one of same resides, having for its object
a sale or partition of the property by the court. A copy of said
petition shall be served on the defendants at least ten days before
a hearing thereof, and made returnable before the justice to some
place within his district, and shall state the facts which may author-
ize the court to sell or divide the property. Upon appearance by the
defendants, or any one of them, and on affidavit being made before
a justice or some other proper party that there is a material de-
fense to said petition, and that it is not made for the pu of
delay, said justice shall forthwith, without trial, remove said peti-
tion and all the papers in relation thereto to the court of the county
or corporation wherein said justice resides, to be there proceeded in
as if originally brought there. The papers shall be filed in the
clerk’s office by the justice forthwith after the removal and after
ten days’ notice to the parties, shall proceed to hear and determine
matters in controversy in the same way, and under the same pro-
ceedings which would have been had before a justice if said cause
had not been removed. If, however, no such affidavit be filed, the
Justice shall proceed to hear the case upon the evidence, oral or writ-
ten, which may be brought before it and determine whether or not
the property shall be divided or sold. If, in his opinion, said prop-
erty shall be sold, and if the interests of the parties so require, then
he shall direct a sale of the same by the sheriff or constable as the
case may be, upon terms to be prescribed by the justice, and after
said sale is made and reported to him, he shall provide for the pay-
ment of the costs of the proceedings and a division of the money
among the parties entitled thereto as their rights may be made to
appear. If, however, said justice shall be of opinion that said prop-
erty cannot be sold, but should be divided, then he may appoint
three disinterested commissioners to divide said property equally
among the parties, or as their rights are made to appear. Said com-
missioners shall be first duly sworn, and shall make personal in-
spection of the property and make a report in writing duly signed,
of their proceedings to said justice, who shall mark the same filed.
A party in interest shall have ten days from the filing of said re-
port to file exceptions thereto, which, if filed, shall at the expiration
of ten days be passed upon by said justice. If there be no excep-
tions thereto then after the ten days expire, said justice shall en-
dorse upon said report an order confirming the same and directing
payment of the costs by the parties in interest, or any one of them
igainst whom said justice may adjudge it. From the final judg-
ment of the justice in such action, whether it be for a sale or par-
ition of said property, any party in interest feeling himself ag-
mmieved thereby may within ten days from the date of said final
judgment appeal therefrom upon such security being given as is ap-
sroved by the justice for the payment of such judgment as may be
endered on appeal by the appellate court against the defendant and
Il costs and damages. The verbal acknowledgment of any surety
aken under this action shall be sufficient and the endorsement of
he justice of the name of the surety upon the petition upon which
iis Judgment is rendered shall be conclusive evidence of such ac-
nowledgment.