CHAPTER 609

An Act to amend and reenact § 8-798 of the Code of Virginia, relating to
verdict and judgment, and damages, in actions of unlawful entry or

detainer.
[H 842]
Approved April 6, 1954

Be it enacted by the General Assembly of Virginia:

1. That § 8-793 of the Code of Virginia be amended and reenacted
as follows:

§ 8-793. If it appear that the plaintiff was forcibly or unlawfully
turned out of possession, or that it was unlawfully detained from him,
unless it also appear that the defendant has unlawfully held or detained
the possession for three years before the date of the * institution of the
action, the verdict or judgment shall be for the plaintiff for the premises,
or such part thereof as may be found to have been so held or detained.
The verdict or judgment shall also be for such damages as the plaintiff
may prove to have been sustained by him by reason of such forcible or
unlawful entry, or unlawful detention, of such premises, and such rent as
he may prove to have been owing to him at the time of the institution of
the action, provided such damages and rent, not exceeding the jurisdic-
tional amount of the tribunal in which the action or proceeding is * tried
shall be claimed and sued for in the summons or * motion for judgment.
But no such verdict or judgment shall bar any separate concurrent or
future action or proceeding for any such damages or rent as may not be so
claimed or sued for in the summons or * motion for judgment. When part
only of the premises is found for the plaintiff, the verdict or judgment
shall describe the part so found. In such cases the verdict or judgment
shall be for the plaintiff. If the verdict be for the defendant as to the
whole premises and for all such damages and rent, judgment shall be for
im.