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or refuse to

effect, as if said appeal had been applied for in due time to a justice who had the power to grant the same. And if If justice fail any such justice fail or refuse to grant such appeal, when grant such applied for, the same may be granted by the circuit court appeal; what of the county, or the judge thereof, in vacation.

Docket.

then.

176. Every justice shall keep a book denominated a Docket of justice; book "docket," to be furnished at the expense of the county, and for, how furused exclusively for entering therein his judicial proceed- nished. ings.

numbered in

177. He shall number the cases progressively on his How cases docket, and number the papers of each case to correspond. docket, etc. He shall keep all the papers of each case together in one How papers package, and file them in the order they are numbered.

kept, etc.

entered in

stated therein.

178. He shall enter in his docket the title of every action Cases, how commenced before him, setting forth the names of the par- docket, and ties, if known, and showing which are plaintiffs and which what to be are defendants, and stating the time the action was commenced, and the amount of money or damages, or the specific property, which the plaintiff demands.

tered under

179. Underneath the title of the action he shall enter, what particuat the times they occur, the following particulars, com- lars to be enencing the proceedings of every day with the proper neath title of date: The date of the summons, the time it is returnable, action. and the name of the person to whom it was delivered to be served. The same particulars must be stated in relation to any order of arrest or attachment which may be issued in the action; and if an order of arrest or attachment be issued, it shall be stated on whose affidavit it was founded. The return made on the process shall be briefly noted. The name of the agent, attorney or guardian, if any, appointed on behalf of any party shall be stated. The filing by either party of his complaint or answer, if made orally, with a brief notice of the contents thereof. Every continuance, showing at whose instance it is made, and to what time, and at whose costs. If made to a The bonds filed different place, it shall be so stated.

in the action by either party shall be noted, with the names of the parties who signed the same. The docket shall show which of the parties is present at the time. When a jury is demanded, by which party such demand was made, the amount of money deposited, and the time appointed for the trial by jury. The verdict of the jury shall be set forth in full; and if the jury do not agree and are discharged, the fact shall be stated. The judgment of the justice shall be stated, with the items of the costs included therein. The execution and orders to sell issued, to whom delivered, to be executed, and the returns made on any such process shall be shown by the entries on

Form of entry

immaterial if

the docket; also, every sum of money received by the justice in the cause showing when and by whom paid. If an appeal be taken, by which party, the bond filed by him, by whom signed and when filed, and the notice of appeal, when filed. The bond filed for stay of execution, by whom signed, and when filed, and the stay granted. The satisfaction of the judgment, and how and when satisfied. Any other proceedings in the action which the justice is by law directed to enter in his docket, or may think it necessary or proper to enter.

180. So far as the entries in the docket are concerned, truth be stated. the form shall be regarded as immaterial, if the truth be stated so as to be intelligible.

Index to judgments to be kept; and how.

Judgments of justices; how proved, etc.

Duty of justice

at the expira

tion of his office as to his

docket, papers,

etc.

If office of justice become

181. Every justice shall keep an alphabetical index to all judgments entered in his docket. In such index shall be inserted the names of the parties to each judgment, with a reference to the page where the judgment is entered.

182. Whenever it is necessary to prove a judgment or other proceeding had before a justice, or any process issued by him, or the return thereof, or any order made by him in a suit, the docket in which it is entered, or a transcript thereof, certified by him or his successor in office, or the person lawfully having the custody of such docket, shall be evidence of the same, but shall not be conclusive, if errors or omissions be shown.

183. Every justice, upon the expiration of his term of office, shall deposit with his successor his official docket, as well as those of his predecessors, which may be in his custody, together with all papers relating to his judicial proceedings, in their proper files and order, and all statutes, books and papers received by him in his official, capacity, to be kept by such successor as public records and property.

184. If the office of a justice become vacant by death, removal from the district, or otherwise, the dockets, papers, vacant by reason of death, statutes and books in the possession of such justice, by etc., to whom virtue of his office, shall be delivered to the other justice, docket, papers, etc., delivered. if there be one, of the district; otherwise, to the justice of an adjoining district, to remain in his custody until such vacancy is filled, and then to be delivered to the person elected or appointed and qualified to fill such vacancy.

What to be

done with

etc., when

justice absents

himself from district, etc.

185. Any justice absenting himself from his district for dockets, papers, a longer period than sixty days, shall deposit the dockets, papers, statutes and books, which came to his hands by virtue of his office, with the other justice, if there be one, of the same district; otherwise, with the justice of an adjoining district. The county court of the county may, however, at its option, declare the justice so absenting himself to have thereby vacated his office.

Court may declare office vacant.

ing such

186. Any person receiving, as aforesaid, the dockets, Person receivpapers, books, and statutes which were in the possession dockets, papers, of any justice by virtue of his office shall, if requested, give etc., to receipt a receipt therefor to the person delivering the same.

executions

187. A justice with whom the docket and papers of Justice in whose another are lawfully deposited, during vacancy or absence, docket, etc., is or as the successor of such other justice, is hereby author- left may issue ized, while such docket and papers remain lawfully in his thereon, etc. custody, to issue execution or other process in the suits entered thereon, give and certify transcripts thereof, and do all such other acts in relation thereto as he may do in relation to his own docket and papers. But executions To what and process so issued shall be returned to the justice who justice to be may have the legal custody of said docket, on the return day thereof.

returned.

is the successor

188. When two justices are elected or appointed in any County court district in place of two others, the county court of the to declare who county shall declare as to each of those going out of office, of outgoing which of the two elected or appointed shall be deemed his justices in cer

successor.

such

tain cases.

189. The official dockets and papers of the justices act- Oficial dockets and papers of ing within any county of this state, under the laws of the justices acting state of Virginia, shall be delivered by any person, other under the laws of Virginia, than a justice now in office, to some justice of the proper how disposed of. district or county; and the justice to whom any docket and papers are delivered as aforesaid may give and flower of certify transcripts thereof, issue executions and other such dockets to process in the suits entered thereon, and do all such other tions, etc., acts in relation thereto, as he may lawfully do in relation to his own official docket and papers.

Certain Special Proceedings-I. Contempts.

tice receiving

issue execu

thereon.

Contempts; what amounts to, and cases in

190. A justice may punish for contempt a person guilty of any of the following acts, and in no other case: First-Contemptuous or insolent behavior towards such justice while engaged in the trial of a case or in any other may punish judicial proceeding.

Second-Any breach of the peace, wilful disturbance, or indecent conduct in the presence of such justice while so engaged, or so near as to obstruct or interrupt his proceedings.

Third-Violence or threats of violence to such justice, or any officer, juror, witness, or party going to, attending, or returning from any judicial proceeding before such justice, in respect to anything done or to be done in the course of such proceedings.

Fourth-Misbehavior of any officer in his official character in respect to any action or judicial proceeding had or pending before such justice, or any process, judgment, order, or notice therein.

which justice

for, enumerated

How person punished for contempt.

Ibid.

When, how and

upon what affidavits an attachment may be issued.

Order of attachment; how directed, executed and returned.

Bond in such cases must be filed before order issued.

Fifth-Disobedience or resistance by an officer, juror, witness, party, or other person to any lawful process, judgment, or order of such justice.

191. An order of arrest may be issued by the justice, on which the person so guilty may be taken and brought before him, or such person may be taken in custody by any officer or person present, upon the oral order of the justice, and held to answer for the contempt. An opportunity must be given him to be heard in defense or explanation of his conduct; and the justice may thereupon discharge him, or adjudge him guilty of the contempt, and punish him by fine or imprisonment or both. The fine shall not exceed ten dollars, or the imprisonment five days.

192. The conviction, specifying the particular circumstances of the offense and judgment thereon, must be entered by the justice in his docket. A warrant of commitment for the term of imprisonment adjudged may be issued by the justice, commanding an officer to take the offender to the jail of the county, and the jailor to imprison him therein for the said term. The judgment may include, in addition to the fine, all costs in the case, including costs of arresting and keeping in prison the offender.

II. Attachment of Defendant's Property and Claims.

193. If the plaintiff, at the commencement of his action or at any time during its pendency, and before judgment, show to the satisfaction of the justice by his own affidavit, or the affidavit or affidavits of one or more credible persons made before any person authorized to administer oaths, the nature of his claim, that it is just, the amount thereof as near as may be, and that the defendant, or any of the defendants to the action, has committed or is about to commit fraud in one or more of the particulars mentioned in the fortieth section, or has absconded, left his residence, or concealed himself with intent to hinder or defraud any creditor, or avoid service of process, or that the defendant or any of the defendants is a foreign corporation or a non-resident of the state, such justice, having jurisdiction of the action, may, subject to the provision contained in the following section, issue an order of attachment against the personal property and the claims of such defendant, to be directed and executed as prescribed in the seventeenth section of this chapter, and returnable when executed, but if not previously executed, in sixty days from it date.

194. But such order shall not be issued until a bond with good security, to be approved by the justice in a penalty double the amount of the claim sworn to, is filed with the justice, with condition that the plaintiff will pay to such defendant all damages he may sustain by reason of

the attachment should it thereafter appear that it was issued upon false suggestions, or without sufficient cause.

ment may be

195. The order may be issued whether the action be In what cases founded on contract or brought to recover damages for a order of attachwrong; and except where the ground of attachment is that issued. the defendant is a foreign corporation, or a non-resident of the state, it may be issued though the plaintiff's demand be not yet due and payable. An attachment for rent may May issue for 'also be issued by a justice under the provisions of section rent; when and three of chapter one hundred and six of this Code, returnable before himself, or another justice, where the rent claimed, exclusive of interest, does not exceed three hundred dollars; and the same proceedings may be had on the return of said attachment as are prescribed in said section.

how.

196. The order shall command the officer who is to exe- What order must command cute it, to attach the personal property and claims of the officer to do. defendant against whom it is issued, found within the county where the order is to be executed, and not exempt by law from execution or other process, or so much of the said property and claims as will satisfy the plaintiff's demand, with interest and costs; which demand shall be Demand how stated in the order in substance as it is in the affidavit, so far as may be necessary to enable the officer to ascertain the amount thereof.

stated in order.

garnishee.

197. The officer who is to execute the order of attach- How order to ment shall, within his county, deliver a copy thereof to be executed on any person designated by the plaintiff, or whom the officer believes to have in his possession or control any personal property of the defendant, or to be liable to the said defendant for any sum of money, and such delivery shall be a sufficient levy of the attachment in respect to the person to whom such copy is delivered. The officer shall Officer to note note upon the order of attachment and state in his return time of service, the exact time of every such levy; and if he fail to do so, etc. shall, with his sureties, and his and their personal representatives, be liable to the same penalty as for failing to Penalty for endorse on an execution the day and hour it comes to his failure. hands to be executed. The person to whom a copy of the or

in order the

der of attachment is so delivered, and who is hereinafter call- Liability of ed garnishee, shall be liable to the plaintiff for whatever per- date of such garnishee from sonal property of the defendant, not exempt by law from service; etc. execution or other process, was in his possession or control when the levy was made, and whatever amount he was then liable for to the said defendant, whether then due and payable, or thereafter to become so, so far as may be necessary to satisfy any judgment the plaintiff may recover against such defendant, not exceeding the sum mentioned in the order of attachment, with interest and costs, including the costs of the attachment proceedings.

198. The garnishee may, at any time before judgment

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