Chap. 386.—An ACT to amend and re-enact section 6035 of the Code of Virginia,
as heretofore amended, relating to interpleader. [H B 154]

Approved March 30, 1934

1. Be it enacted by the General Assembly of Virginia, That sec-
tion six thousand and thirty-five of the Code of Virginia, as hereto-
fore amended, be amended and re-enacted so as to read as follows:

Section 6035. When an execution on a judgment of a justice, or
warrant of distress, is levied upon property, or a lien acquired on money
or other personal estate by virtue of section six thousand and thirty-
five, which property, money or other estate or any part thereof is
claimed by any person other than the party against whom it issued,
and affidavit is made either by the claimant, the officer having such
process, or the party issuing the same, that to the best of affiant’s
belief the said property, money or other personal estate involved, is not
of greater value than three hundred dollars, the party making said
affidavit may apply to a justice of the county or corporation in which
the levy is or where money or other personal estate is subjected by a
lien of writ of fieri facias, for a warrant to a constable requiring him
to summon both the creditor and debtor to show cause why such prop-
erty, money or other personal estate, or any part thereof, should not
be discharged from the levy or lien of fieri facias, a copy of which war-
rant shall be served upon the claimant of said property, money or other
personal estate, unless said warrant is sued out at his instance. The
justice shall issue such warrant returnable in not less than five days,
and if an earlier day shall have been fixed for the sale of the pronerty.
or for the return of any process subjecting such money or other per-
sonal estate to a final disposition, he shall make an order on the warrant
requiring the postponement, of the sale or the hearing to be had on the
subject matter until after the return day. Upon hearing the parties, or
such of them as may attend after their being summoned, and such wit-
nesses as may be introduced by either party, he shall order the officer
or possessor of any money or other personal estate to deliver the prop-
erty to the claimant, if he be of opinion that the same belongs to said
claimant; but if he be of opinion that the property, money or other
personal estate, or any part thereof, belongs to the person against
whom the execution or warrant of distress issued, he shall order the
officer who levied on the same to sell the property so liable to satisfy
said execution, or warrant of distress, or where there is money or
other personal estate in the possession of a bailee or garnishee, he shall
order the bailee or garnishee, as the case may be, to make delivery to
the execution creditor, all or any part thereof so liable, and may give
such judgment for costs as he may deem just. If the property be over
twenty dollars in value, the justice shall, within ten days, allow an
appeal (if applied for) from such order and judgment on security being
given as in the appeals before mentioned in this chapter.

This act shall also apply to civil and police justices, and civil jus-
tices, and the value or amount in controversy before them under this
act may be not exceeding one thousand dollars, where they have juris-
diction to that amount in other cases; and removals and appeals shall
be permitted as in other cases from such civil and police justices, and
civil justices.