An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Law Body
CHAPTER 254
An Act to amend the Code of Virginia by adding a section numbered
8-524.1, relating to the attachment of ships, boats and vessels of more
than twenty tons, and to amend and reenact § 8-526 of the Code of
Virginia, relating to the issuance of attachments. rH 498]
Approved March 18, 1954
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding a section numbered
8-524.1 and that § 8-526 of the Code of Virginia be amended and re-
enacted as follows:
§ 8-524.1. No attachment against any ship, boat, or other vessel of
more than twenty tons, shall issue unless the plaintiff or someone in
his behalf, shall first establish, to the satisfaction of the judge of the
court in which he files his petition for attachment that he has a reasonable
expectation of recovering an amount exclusive of all costs, equal to at least
one-half the damages demanded in the petition for attachment. Reasonable
notice of appearance before said judge shall be given the owner, agent
or master of said vessel, and at the time of said appearance the court
shall determine the amount of such reasonable expectation of recovery
and the amount of bond necessary to secure the release of said vessel tf
and when a writ be levied in accordance with this section.
No attachment issued in violation of the provisions of this section
shall create a valid lien upon the property sought to be attached, and no
levy made under authority thereof shall be of any effect.
§ 8-526. Upon the filing of the petition mentioned in § 8-524, the
clerk or the justice of the peace before whom the petition is filed shall
issue an attachment in accordance with the prayer of the petition, subject
to the provisions of § 8-524.1. If the petitioner seeks the recovery of spe-
cific personal property, the attachment may be against such property and
against the principal defendant’s estate for so much as is sufficient to
satisfy the probable damages for its detention; or, at the option of the
plaintiff, against the principal defendant’s estate for the value of such
specific property and the damages for its detention. If the petitioner seeks
to recover a debt or damages for the breach of a contract, express or
implied, or damages for a wrong, the attachment shall be against the
principal defendant’s estate for the amount specified in the petition as
that which the plaintiff at the least is entitled to or ought to recover.
If the attachment be sued out before a justice of the peace, it shall be
returnable as prescribed by the following section. The justice of the peace
shall promptly return to the clerk’s office of the court to which the attach-
ment is returnable the petition and the bond, if any, filed before him. The
proceedings thereafter shall be the same as if the attachment had been
issued by the clerk.
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