The times. [volume] (Richmond, Va.) 1890-1903, 1893-12-24

was rejected because In the opinion OF
the association IL would not accomplish
the purpose for which II WAS framed.
As the law now Is. II a plaintiff desires
ts recover special property taken wrong
fully by another. he would bring an action
OF detinue. but II the property sued for
should perish before verdict and Judgment
IL would perish the property Of the plain
tn and IL Is at least very douplfui
whether he could. in said action, recover
It's alternative value.
The committee. consisting Of Messrs'
Parrish. Patteson. and Munford. are de
sirous that this doubt be removed ana
they think that it can be best accom-
plished by making . law OF me ns dn,, pn,,
which abolishes the action or deuhue
and transfers It's valuable FEATURES 10
the action Of trover.
To Enlarge the Action of Troyer.
Seventh. To abolish the action OF detinue
and TO enlarge the action OF trover.
Action OF detinue naturalization Of
trover retained and enlarged.--Be II en-
acted by the General Assembly. That
no action OF detinue shall be brought
hereafter. The action Of trover is re-
tanned. and may be brought as hereto
fore. II may also be brought IN all cases
have been brought heretofore.
Judgment in actions Of trover.- The
judgment in said action may be for the
specific property described i'm the declara-
ton, with damages for its detention, and
In the alternative for the value OF the
said. property IN money, at the date OF the
conversion thereof with legal interest
thereon from said date.
Execution in action Of trover.-The exc
cution In such action may conform TO the
judgment. but the plaintiff shall have
the right to elect when the execution is
issued. whether the sheriff, or any other
officer holding the same, shall restoVe
70 him the specific property sued Tor,
and levy for the damages ascertaincd FOR
its detention, OF shall levy for the alter
native value Of the said property. with
legal interest thereon as ascertained In
the Judgment. And the plaintin snail
have the right to require the clerks 10 en-
dorse his election on the execution
The plaintiffs right Of election as afore-
said shall extend to any execution that
may be issued by virtue of the judgment
II more than one execution shall be Issued
on the same judgment.
II the plaintiff fails 10 make such cleo
ton. the officer holding the execution may
satisfy the same, either by restoring to
the plaintiff the specific property sued
for. with the damages ascertained for its
detention. or by making the alternative
value OF said property with interest there
on as ascertained.
And whether the plaintiff makes such
election or not. II the property be not
in existence or cannot be found, the
officer holding the execution shall levy
for the alternative value Of said property
with interest as ascertained.
How to Take From Defendant.
II the foregoing bill shall become d law
il will be necessary 10 amend Sectloh
29J7 Of the code by striking out the word
"detinue" in the second line, and inserting
the word "trover" I'm lieu thereof The
following bill has been prepared by the
committee. which, it is thought, Will ac-
complish this amendment:
To amend and reenact Section 1901 OF
the Code OF Virginia: When and how
property sued for may be taken from
possession Of defendant, the bond to
be given by plaintiff: Whenever in any
action OF, or warrant in trover, il is made
TO appear by the affidavit Of the plaintiff
his agent or attorney. that there Is good
reason TO believe that the defendant IS
insOlvent. so that any recovery against
him for the alternate value Of the prop
erty. and for damages and costs vii
probably prove unavailing, or that the
property, for the recovery Of which such
action or warrant is brought will be sold,
removed secreted, or otherwise dis
posed of by the defendant, so as not TO be
forthcoming TO answer the final judg-
ment of the court or justice respecting
the same or that such property will be
destroyed or materially damaged or IN
iured by neglect abuse, or otherwise, II
permitted 10 remain longer I'm possession
Of such defendant. or other person claim
ing under him; and when such affidavit
shall also state the kind quantity, and
value OF the property claimed by the
plaintiff in such action or warrant, and
that the afiiant verify believes the plain
tiff is entitled 10 recover the same, the
clerk Of the court in which or the jus
tice before whom such action or warrant
is pending shall issue an order or other
process. directed 10 the sheriff or other
proper officer, as the case may be, com
him to seize and take into his
possession the property mentioned IN
such affidavit: and IL shall be the duty Of
the officer TO whom such order or process
is directed and delivered to proceed
forthwith to execute the same No such
order or process, however, shall be is
sued until the plaintih. or some one for
him. shall execute a bond with sufficient
security 10 NC hVpiDNtN bS anu Ittu WIN |
The clerk or Justice I'm a penalty at least !
iouble the estimated value OF the property |
claimed. payable to the defendant, with |
condition 20 pay all costs which may be |
awarded against the plaintiff in such ac-
ion or warrant, and all damages which |
nay accrue 10 the defendant or any |
,ther person by reason Of the seizure Of |
uch property under such order or pro- |
ess.
Lost 6er Garter.