CHAPTER 360

AN ACT to amend and reenact § 16-70 of the Code of 1950,
relating to attachment proceedings in trial justice courts
so as to dispense with orders of publication and publication
thereunder.

[ H 286 ]

Approved April 5, 1950

Be it enacted by the General Assembly of Virginia:

1. That § 16-70 of the Code of 1950 be amended and re-
enacted as follows:

§ 16-70. Attachments.—A trial justice may also issue and
try and decide attachments when the amount of the plaintiff’s
claim does not exceed one thousand dollars, and the proceedings
on any such attachment shall conform to the provisions of
chapter 24 of Title 8, except that when an attachment other than
under § 8-566 is returned executed and the defendant has not
been served with a copy thereof, the trial justice, upon affidavit
in conformity with §§ 8-71 and 8-72, shall forthwith cause to
be posted at the front door of the court house of the county a
copy of the attachment and shall file a certificate of the fact
with the papers in the case, and, in addition to such posting,
where the amount does not exceed $250.00 * the plaintiff in
the attachment or his attorney shall give to the trial justice
or his clerk the last known address or abode of the defendant,
verified by affidavit, and the trial justice or his clerk shall
forthwith mail a copy of the attachment to the defendant at
his last known address or place of abode or if the defendant
be a corporation, at its last known address. The mailing of the
copy, as aforesaid, shall be certified by the trial justice or by his
clerk and such certification shall be filed with the papers in the
case, and where the amount is more than $250.00 an order of
publication shall be entered in accordance with the provisions of
§§ 8-71 and 8-72.

Fifteen days after the copy of the attachment has been so
posted or posted and published, and the * copy of the attachment
has been so mailed, the trial justice may proceed to try and
decide the attachment.

But when any such attachment is levied on real estate, the
trial justice shall take no further cognizance of the case, but
shall forthwith remove the same to the circuit court of his
county, or the corporation court of his city, as the case may be,
to be further proceeded with in such court as if the attachment
had originated therein.