CHAPTER 10

An Act to amend and reenact §§ 8-227, 8-422.1, 8-460, 8-461, 55-280 and
55-287 of the Code of Virginia, relating to when and by whom distress
made; trial of claim of third party to property distrained or levied
on; sale of distrained property; how record of judgment kept, en-
dorsement of execution; costs; and return of distress warrants and
process of sale thereunder.

[H 99]

Approved February 8, 1962

Be it enacted by the General Assembly of Virginia:
1. That §§ 8-227, 8-422.1, 8-460, 8-461, 55-230 and 55-237 of the Code
of Virginia be amended and reenacted as follows:

§ 8-227. When property is taken under a warrant of distress, or
under a writ of fieri facias issued by the clerk of a circuit or corporation
court, and any person, other than the party against whom the process
issued, claims such property, or the proceeds or value thereof, the circuit
court of the county, or the circuit or corporation court of the corporation,
in which the property is taken, or the judge of such court in vacation,
upon the application of the officer, when no indemnifying bond has been
given, or, if one has been given, on the application of the person who
claims such property and has given such suspending bond as is hereinafter
mentioned, or of the party issuing such process, may cause to appear
before such court as well the party issuing such process as the party
making such claim, and such court may exercise, for the decision of their
rights, all or any of the powers and authority prescribed in the preceding
section.

When property is taken under a writ of fieri facias issued on a
judgment of a * county or municipal court, or is subject to the lien thereof,
and such property, or some part thereof, is claimed by some person other
than the party against whom the process issued, this section shall apply
where the property or money so claimed by such other person is of greater
value than one thousand dollars.

_ § 8-422.1. In any case of goods and chattels which an officer shall
distrain or levy on, otherwise than under an attachment, or which he may
be directed to sell by an order of a court, judge, * county or municipal
court or judge thereof or justice of the peace unless such order prescribe a
different course, he shall fix upon a time and place for the sale thereof and
post notice of the same at least ten days before the day of sale at some
place near the residence of the owner, if he reside in the county or corpo-
ration, and at two or more public places in the officer’s county, city or dis-
trict. If the goods and chattels be expensive to keep or perishable, the
court from whose clerk’s office the writ of fieri facias was issued, or the
judge thereof in vacation, or the * county or municipal court or judge
thereof or justice of the peace who issued the writ of fieri facias, or the
distress warrant under which the seizure is made, or if the distress war-
rant was issued by a clerk, the court of which he is a clerk, or the judge
thereof in vacation, upon the application of any party on reasonable
notice to the adverse party, his agent, or attorney, may order a sale of the
property seized under fieri facias or distress warrant to be made upon
such notice less than ten days, as to such court, judge * county or munic-
tpal court or judge thereof or justice of the peace may seem proper. At
the time and place so appointed, such officer shall sell to the highest bidder,
for cash, such goods and chattels, or so much thereof as may be necessary.

8-460. The * judge of the county or municipal court, on giving
judgment on such bond, shall include in the costs of the judgment the
clerk’s fee aforesaid; and the clerk shall not receive any fee or reward for
any service he is required to perform by the provisions of § 8-458, except
that herein specified.

§ 8-461. The * judge of the county or municipal court, rendering a
judgment under the provisions of this chapter, shall keep a record thereof
in the same manner as he is required by law in other cases. He shall not
stay execution upon such judgment, and shall endorse on any fieri facias
issued thereon “no security is to be taken”.

§ 55-230. Rent may be distrained for within five years from the
time it becomes due, and not afterwards, whether the lease be ended or
not. The distress shall be made by a sheriff or sergeant of the county or
city wherein the premises yielding the rent, or some part thereof, may be,
or the goods liable to distress may be found, under warrant from * the
judge of a county or municipal court other than a civil justice or civil and
police justice or from the clerk of a county or municipal court other than a
civil justice court or civil and police justice court or a justice of the peace,
founded upon an affidavit of the person claiming the rent, or his agent,
hat the amount of money or other thing to be distrained for (to be spect.
ed in the affidavit), as he verily believes, is justly due to the claimant for
ent reserved upon contract from the person of whom it is claimed.

§ 55-237. Each officer who may execute warrants of distress, except
rhen it is otherwise provided by law, shall make return of his action and
roceedings upon such warrants as may be placed in his hands for collection
nd file the same, within sixty days after the same may have come to
is hands, with the clerk of the circuit or corporation court of his county
r city, as the case may be, except that in the city of Richmond the same
hall be filed with the clerk of the circuit court, or the clerk of the law
nd equity court, or the clerk of the law and equity court, part two. Upon
he return of such warrant such clerk shall enter the same upon the
xecution book of his office after the manner now provided by law as to
xecutions issued by * county or municipal courts and returned unsatisfied
nd the clerk shall preserve such warrant in his office as is now provided
iS to such unsatisfied executions. If such return shall show that a levy has
een made and that property levied on remains unsold, it shall be lawful
or the clerk of the court in whose office such return is filed to issue a writ
of yendsiond exponas thereon just as if the return were upon writ of
leri facias.