CHAPTER 252

An Act to amend and reenact § 8-703 of the Code of Virginia, relating to
the jurisdiction of certain justices in proceedings for partition of
personal property.

[H 469]

Approved March 8, 1952

Be it enacted by the General Assembly of Virginia:

ta That § 8-703 of the Code of Virginia be amended and reenacted as
ollows:

§ 8-703. * Every trial justice, civil justice and civil and police justice
shall have, within the limits of the territory for which he is appointed,
jurisdiction of proceedings for partition of personal property, within the
limits as to value and in accordance with the provisions hereinafter
contained.

When joint owners of personal property of the value of more than
twenty dollars but not more than one thousand dollars cannot agree upon
a partition thereof, any party in interest may compel partition, the
proceeding for which shall be commenced by a petition presented to the
trial justice, civil justice or civil and police justice of the jurisdiction,
wherein the property, or the greater part thereof, is located. A copy of
the petition, together with a notice of the time and place the petitioner
will ask for a hearing thereon, shall be served on each of the defendants
at least ten days prior to the day of hearing. All subsequent proceedings
shall be in accordance with the applicable provisions of this chapter for
partition of rea] estate; provided that, if the partition be made in kind, the
commissioners need not necessarily be freeholders.

If the value of the property exceeds two hundred dollars, the case
shall, upon the application of any defendant, be removed by the trial justice
to any court of record of the county or city having jurisdiction of removals
from such justice, in like manner as other civil cases are so removed,
upon the applicant complying with all the provisions of law concerning
removals from trial justices in other civil cases.

Any party aggrieved by a final judgment rendered by the trial justice
in any such proceeding shall have an appeal of right to any court of record
of the county or city having jurisdiction of appeals from such trial justice,
to be perfected within the time, and in all other respects in accordance
with the provisions of law concerning appeals from trial justices in other
civil cases.