CHAPTER 221

AN ACT to amend and reenact §§ 8-85, 8-396 and 8-897 as amended, so as to
prescribe the statute of limitations applicable to the Commonwealth

in certain instances. 4
[S 78]

Approved March 7, 1958

Be it enacted by the General Assembly of Virginia:

1. That §§ 8-35, 8-396 and 8-397 as amended, be amended and reenacted
as follows:

§ 8-35. Except as hereinafter provided no statute of limitations which
shall not in express terms apply to the Commonwealth shall be deemed a
bar to any proceeding by or on behalf of the same * but agencies of the
State incorporated for charitable or educational purposes shall be subject
to statutes of limitations in the same manner as any person; provided, how-
ever, that statute of limitations concerning the enforcement of the lien of a
judgment shall apply to the Commonwealth.

§ 8-396. On a judgment including those in favor of the Common-

wealth, execution may be issued and a scire facias or an action may be
brought within twenty years after the date of the judgment, except that
when the scire facias or action is against a personal representative of a
ani it must be brought within five years from the date of his qualifi-
cation.
_ _ All of the provisions of this section apply mutatis mutandis to any
judgment obtained upon such scire facias or action as well as to an original
judgment except that there may be only one revival or extension as to a
personal representative. And the rights of a judgment creditor as to a
purchaser for value who records his deed shall be governed by the pro-
visions of § 8-393.

The provisions of this section apply to judgments obtained after June
twenty-ninth, nineteen hundred forty-eight, and to judgments obtained
prior to such date which are not then barred by the statute of limitations,
but nothing herein shall have the effect of reducing the time for enforce-
ment of any judgment the limitation upon which had been extended prior
to such date by compliance with the provisions of law theretofore in effect.

§ 8-397. No execution shall issue, nor any scire facias or action be
brought, on a judgment in this State including a judgment in favor of the
Commonwealth, after the time prescribed by § 8-396, except that: (1) in
computing the time, any time during which the right to sue out execution
on the judgment is suspended by the terms thereof, or by legal process,
shall be omitted; (2) §§ 8-23, 8-30, 8-32 to 8-34 and 8-37 shall apply to the
right to bring such action or scire facias in like manner as to any right,
action, or scire facias mentioned in those sections; and (3) when the judg-
ment is for the penalty of a bond, but to be discharged by the payment of
what is then ascertained, and such sums as may be afterwards assessed or
found due upon a scire facias on the judgment, assigning a further breach
ef nl bond, such scire facias may be brought within ten years after such

reach.