Chap. 261.—An ACT to amend and re-enact section 6022 of the Code of Vir-
ginia, in relation to justices of the peace, as amended by chapter 515 of the
acts of assembly of 1926. [S B 178]

Approved March 24, 1930

1. Be it enacted by the general assembly of Virginia, That section
six thousand and twenty-two of the Code of Virginia, as amended by
chapter five hundred and fifteen of the acts of assembly of nineteen
hundred and twenty-six, be amended and re-enacted so as to read as
follows:

Section 6022. The justice shall try such warrant according to
the principles of law and equity, and give judgment for the sum due
to either party, with interest, or for the property to which the plaintiff
is entitled (or its value), with damages. Costs shall be awarded or re-
fused to either party on like principles. In the trial of all warrants,
both civil and criminal, upon application of the defendant, made at
least one day before trial, to the justice of the peace, who issued said
warrant and before whom it is returnable, such justice shall associate
with himself two other justices of the peace of the county, who shall
try said warrant, and in case of disagreement in opinion, the opinion of
the majority shall prevail; but no such trial of any civil warrant shall
be had within five days after the service of the warrant, except with
the consent of the parties. Judgments rendered against the defendant
on such warrants after application has been made as aforesaid, shall be
null and void if rendered solely by the justice of the peace who issued
the warrant; however, if it appear that any civil warrant was issued at
the instance of or on behalf of any person, firm or corporation pro-
hibited by an act of the general assembly of Virginia, approved March
twenty-first, nineteen hundred and twenty-four, chapter four hundred
and fifteen, from representing such claim before a justice, it shall be
the duty of the justice to forthwith dismiss such warrant at the cost
of the plaintiff but without prejudice to the plaintiff thereatter to prop-
erly prosecute his claim; and if judgment be rendered on such war-
rant in favor of the plaintiff, the judgment and execution and all pro-
ceedings thereafter had thereon shall, on motion of any defendant or
any creditor of any defendant made within three months after the
rendering of such judgment, be set aside and annulled at the cost of
the plaintiff by such justice trying the case, or in case of his absence
or inability to act, by any other justice of the same magisterial district,
after at least five days’ notice in writing to the plaintiff if a resident
of this State, and in event the plaintiff be a non-resident of this State,
two copies of said notice shall be delivered to the justice at least ten
days before the date of hearing, and it shall be the duty of the justice
to forthwith mail a copy of such notice to the plaintiff addressed to
the last known post office address of the plaintiff at least ten days be-
fore the date fixed for such hearing. Any order entered by the justice
on such motion shall be subject to appeal as in other cases by any party
to such motion, such appeal to be perfected as other appeals in civil
cases before a justice are perfected.