CHAPTER 699

An Act to amend and reenact § 8-485 of the Code of Virginia, relating
to proceedings by interrogatories to ascertain estate of debtor.
[H 723]

Approved April 7, 1952

Be it enacted by the General Assembly of Virginia:
al That § 8-485 of the Code of Virginia be amended and reenacted as

ollows:

§ 8-435. To ascertain the personal estate on which a writ of fieri
facias is a lien, and to ascertain any real estate, in or out of this State, to
which the debtor named in a judgment and fieri facias is entitled, upon the
application of the execution creditor, the clerk of the court from which
such fieri facias issued, or the trial justice if it was issued by a trial
justice who has no clerk, or if it was issued by a trial justice other than
a civil justice, a civil and police justice or a trial justice appointed under
the provisions of Chapter 2 of Title 16, the clerk of the circuit court of
the county or the corporation court of the city in which such justices reside,
shall issue a summons against the execution debtor, or any officer of
the corporation if such execution debtor be a corporation having an office
in this State, or any debtor or bailee of the execution debtor, requiring
him to appear before the trial justice who issued the writ if it was issued
by a trial justice who is a civil justice, a civil and police justice or a
trial justice appointed under the provisions of Chapter 2 of Title 16, or
a commissioner in chancery named in the summons, if the writ was not
issued by such trial justice, at a time and place designated in such sum-
mons, to answer such interrogatories as shall be propounded to him by
counsel for the execution creditor or by the commissioner or justice, as
the case may be. Such summons shall not be served out of the county or
city in which such commissioner resides or maintains an office or for which
such trial justice was appointed, or elected, or a county or city contiguous
thereto. The debtor or other person served with such summons shall
appear at the time and place mentioned and make answer to such inter-
rogatories. The commissioner shall enter in his proceedings and report to
the court mentioned in § 8-437, any and all objections taken by such debtor
against answering such interrogatories, or any or either of them, and if
the court afterwards sustains any one or more of such objections, the
answers given to such interrogatories as to which objections are sustained,
shall be held for naught in that or any other cause.