CHAPTER 436

An Act to amend and reenact § 8-791, as amended, of the Code of Virginia,
relating to when summons may be issued in certain cases involving
unlawful detainer of real property. (H 685]

Approved April 1, 1966

Be it enacted by the General Assembly of Virginia:
an That § 8-791 of the Code of Virginia be amended and reenacted as

ollows:

§ 8-791. In any case when possession of any house, land or tenement
is unlawfully detained by the person in possession thereof, except a case
when possession is unlawfully detained by a tenant, or some person claim-
ing under him, when the lease of such tenant was originally for a period
exceeding * two years, the landlord or other person entitled to the posses-
sion may present to any justice of the peace or trial justice of the county,
city or town in which such premises are situated a statement under oath
of the facts which authorize the removal of the tenant or other person in
possession, describing such premises; and thereupon such justice of the
peace or trial justice shall issue his summons against the person or per-
sons named in such affidavit. Such summons issued by a justice of the
peace or trial justice may be directed to the sheriff, sergeant or constable
and served in the same manner as the process issued from the court. When
issued by a justice of the peace it may be returned to and the case heard
and determined by the trial justice of such county, city or town. Such
summons shall be served at least five days before the return day thereof.