An Annotated Pocket Code of Virginia

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...party and his surety jointly, on which no security shall be taken. When the Judgment is for personal property, the plaintiff may, at his option, have a writ of possession for the recovery of the specific property, and a writ of fleri facias for the damages and costs; and, if the writ of' possession prove ineffectual, a writ of flerl facias for the alternative value; said writ of possession to be directed to, executed, and returned by the same officer who would execute the writ of fieri facias. Acts 1872-3, p. 82 8; see post, § 3584. See 4 Min. Inst. (211), 251, Hurst's G. M. 662. See Hurst's Forms, Nos. 574-8. § 2949 as amended by Acts 1901-2, p. 371. How directed and returnable; how renewed.---A writ of fleri facias issued by a justice may be directed to any constable, and be executed by him in any part of his county or corporation, or may be directed to the sheriff or sergeant of any county or corporation, but in any case shall be returnable in sixty days. If not wholly satisfied, it may, within one year from the date of the judgment, be returned to and renewed by a justice, notwithstanding the provisions of chapter 39, as to sheriffs, sergeants, constables, &c.. But every execution issued by a justice which is not so returned and renewed shall be returned by the oflicer to the clerk of the court of the county or corporation in which the execution issued. The said justice shall also return to the said offlce an abstract of the judgment in each case tried by him, together with all of the papers in the case. For docketing and filing such executions, and for filing such abstracts of judgment with the accompanying papers, the clerk's fees, to be paid by the plaintiff and embraced in the judgment for costs in each case, shall be...