§ 8.01-116. Return of property to defendant or other claimant.
A. Subject to the provisions of subsection B below, the defendant in any suchproceeding, or any other person claiming title to the property so seized andtaken possession of by the officer, may have such property returned to him atany time after such seizure upon executing a bond, with sufficient surety, tobe approved by the officer, payable to the plaintiff, in a penalty at leastdouble the estimated value of the property. The bond shall contain acondition to (i) pay all costs and damages which may be awarded against thedefendant in the proceeding and all damages which may accrue to any person byreason of the return of the property to the defendant or the claimant and(ii) have the property forthcoming to answer any judgment or order of thecourt or judge respecting the same. The bond shall be delivered to theofficer and returned by him to the office of the clerk. The officer, onreceiving the bond, shall forthwith return the property taken by him to thedefendant or any other person claiming title thereto or from whose possessionit was taken.
B. In any such proceeding, upon application of the defendant after reasonablenotice to the plaintiff or his attorney, the judge of the court in which theproceeding is pending may order the property returned to the defendant uponsuch lesser security and upon such terms as in the nature of the case may bejust and reasonable.
C. If no bond or security is delivered to the officer after his seizing andtaking possession of such property, the property, if in the hands of theofficer, shall be kept by him. However, if the property is perishable orexpensive to keep, it may be sold by order of the court in the same manner asif it were a sale under execution.
(Code 1950, § 8-588; 1973, c. 408; 1977, c. 617; 1993, c. 841.)
§ 8.01-116. Return of property to defendant or other claimant.
A. Subject to the provisions of subsection B below, the defendant in any suchproceeding, or any other person claiming title to the property so seized andtaken possession of by the officer, may have such property returned to him atany time after such seizure upon executing a bond, with sufficient surety, tobe approved by the officer, payable to the plaintiff, in a penalty at leastdouble the estimated value of the property. The bond shall contain acondition to (i) pay all costs and damages which may be awarded against thedefendant in the proceeding and all damages which may accrue to any person byreason of the return of the property to the defendant or the claimant and(ii) have the property forthcoming to answer any judgment or order of thecourt or judge respecting the same. The bond shall be delivered to theofficer and returned by him to the office of the clerk. The officer, onreceiving the bond, shall forthwith return the property taken by him to thedefendant or any other person claiming title thereto or from whose possessionit was taken.
B. In any such proceeding, upon application of the defendant after reasonablenotice to the plaintiff or his attorney, the judge of the court in which theproceeding is pending may order the property returned to the defendant uponsuch lesser security and upon such terms as in the nature of the case may bejust and reasonable.
C. If no bond or security is delivered to the officer after his seizing andtaking possession of such property, the property, if in the hands of theofficer, shall be kept by him. However, if the property is perishable orexpensive to keep, it may be sold by order of the court in the same manner asif it were a sale under execution.
(Code 1950, § 8-588; 1973, c. 408; 1977, c. 617; 1993, c. 841.)
§ 8.01-116. Return of property to defendant or other claimant.
A. Subject to the provisions of subsection B below, the defendant in any suchproceeding, or any other person claiming title to the property so seized andtaken possession of by the officer, may have such property returned to him atany time after such seizure upon executing a bond, with sufficient surety, tobe approved by the officer, payable to the plaintiff, in a penalty at leastdouble the estimated value of the property. The bond shall contain acondition to (i) pay all costs and damages which may be awarded against thedefendant in the proceeding and all damages which may accrue to any person byreason of the return of the property to the defendant or the claimant and(ii) have the property forthcoming to answer any judgment or order of thecourt or judge respecting the same. The bond shall be delivered to theofficer and returned by him to the office of the clerk. The officer, onreceiving the bond, shall forthwith return the property taken by him to thedefendant or any other person claiming title thereto or from whose possessionit was taken.
B. In any such proceeding, upon application of the defendant after reasonablenotice to the plaintiff or his attorney, the judge of the court in which theproceeding is pending may order the property returned to the defendant uponsuch lesser security and upon such terms as in the nature of the case may bejust and reasonable.
C. If no bond or security is delivered to the officer after his seizing andtaking possession of such property, the property, if in the hands of theofficer, shall be kept by him. However, if the property is perishable orexpensive to keep, it may be sold by order of the court in the same manner asif it were a sale under execution.
(Code 1950, § 8-588; 1973, c. 408; 1977, c. 617; 1993, c. 841.)
