First. To claims of physicians not exceeding fifty dollars for services rendered during the last illness of the decedent, and accounts of druggists not exceeding the same amount for articles furnished during the same period. Second. To debts due the United States and this state. Third. To taxes and levies assessed upon the decedent previous to his 84 Va. 435. death. Fourth. To debts due as trustee for persons under disabilities, as receiver 85 Va. 721, 779. or commissioner under decree of court of this state, as personal representative, guardian, or committee where the qualification was in this state, in which class of debts shall be included a debt for money received by a husband acting as such fiduciary in right of his wife. Fifth. To all other demands except those in the next class; and CHAPTER CXX. DUTIES OF PERSONAL REPRESENTATIVES AS TO REAL ESTATE, AND THE LIA- Sec. 2665. [83 Va. 81; 84 Va. 652; 85 Va. 227, 691; 86 Va. 581; 89 Va. 96, 491; 92 Va. 383. | Sec. 2668. [83 Va. 81; 85 Va. 76.] TITLE 36. FIDUCIARIES GENERALLY. CHAPTER CXXI. OF FURTHER SECURITY FROM FIDUCIARIES; THE SETTLEMENT OF THEIR ACCOUNTS AND PAYMENT OF WHAT THEY OWE. Sec. 2671. Commissioners of accounts, their appointment and As Amended duties; “record of fiduciaries," what to be entered therein; duty 1897-8, p. 740. of clerks; penalty on commissioners and clerks for failure of duty.The judge of each court having jurisdiction of the probate of wills and granting administrations on estates of decedents shall appoint a commissioner of accounts, who shall be removable at pleasure and who shall have a general supervision of all fiduciaries admitted to qualify in said court and make all ex parte settlements of their accounts. The said commissioner shall obtain from the clerk of his court within twenty days after each term thereof a list of the fiduciaries authorized to act as such under orders entered at the said term and examine as to each fiduciary whether he has given such bond as the law requires, and if it appear that he has given no bond or that his bond is defective shall make report thereof to his court at its next term. He shall enter in separate columns in a book to be kept by him and called the "record of fiduciaries"-first, the name of every such fiduciary; second, the name of the decedent for whose estate he is the representative; third, the name of the living person for whom he is guar 1889-90, p. 47. As Amended 1897-8, p. 983. 1897-8, p. 280. dian, curator, or committee; fourth, the penalty of his bond; fifth, the names of his sureties; sixth, the date of the order conferring his authority; seventh, the date of any order revoking his authority; eighth, the date of the return of every inventory of the estate; ninth, the date of each settlement of the accounts of such fiduciary; and shall index the said book in the name of the decedent or person represented by such fiduciary. The clerk of the court shall certify to the said commissioner within twenty days after each term of the court the revocation of the authority of every such fiduciary. Any commissioner failing to make such entry or any clerk to certify such revocation for ten days after the time herein prescribed shall for every such failure forfeit twenty dollars. Sec. 2671 a. Appointment of assistant commissioners of accounts, and to define their duties and powers.-The judge of each court having jurisdiction of the probate of wills and granting administrations on estates of decedents which have no commissioners in chancery shall appoint, in addition to the commissioner of accounts, "an assistant commissioner of accounts,” who shall perform all the duties and exercise all the powers required of the commissioner of accounts in all cases in which the commissioner of accounts from any cause is so situated that he cannot perform the duties of his office. An assistant commissioner of accounts making a settlement of a fiduciary account under the provisions of this act shall within thirty days report the facts and date of such settlement to the commissioner of accounts, who shall make an entry of the same in his record book. Sec. 2674. When and by whom accounts of sales returned to them; their duty; penalty on trustees for failure.-Every such fiduciary shall within four months after selling any property as such retur. to the said commissioner an account of such sale, and when sale is made under any deed of trust otherwise than under a decree there shall within four months after the sale be returned by the trustees to the commissioner of accounts of the court wherein said deed may have been first recorded an inventory of the property sold and an account of sale. The commissioner shall inspect the same, see that it is made out in proper form, and deliver it to the clerk to be recorded as herein directed in regard to inventories. Any trustee failing to comply with this section shall forfeit his commission on such sales unless these commissions shall be allowed by the court. Sec. 2676. [82 Va. 74; 83 Va. 361; 85 Va. 820; 89 Va. 745.] Sec. 2678. [86 Va. 359; 89 Va. 182.] Sec. 2679. [83 Va. 148; 85 Va. 116; 86 Va. 359.] Sec. 2695. [87 Va. 451.] Sec. 2698. [92 Va. 124.] Sec. 2699. [85 Va. 820.] Sec. 2700 a. To allow executors and other fiduciaries to invest in Virginia three per centum bonds issued by virtue of an act approved February 14, 1882 (preamble omitted).—Executors and other fiduciaries may invest in the bonds issued under the aet approved February fourteenth, eighteen hundred and eighty-two, commonly known as the Riddleberger bonds, and the same shall be considered a lawful investment. NOTE. "Century" bonds are also a lawful investment for fiduciaries. Ante, section 398 a (11). TITLE 37. OF SUITS FOR LANDS, AND OF WASTE. CHAPTER CXXII. OF THE RIGHT OF ENTRY. CHAPTER CXXIII. OF THE SUMMARY REMEDY FOR UNLAWFUL ENTRY OR DETAINER. 82 Va. 97, 808. Sec. 2716. How person turned out or kept out of possession of land As Amended may recover it; when the proceeding to be in court, and when it 1889 90, p. 163. may be before a justice.-If any forcible or unlawful entry be made 83 Va 20. upon lands, or if when the entry is lawful and peaceable the tenant shall detain the possession of land after his right has expired without the consent of him who is entitled to the possession, the party so turned out of possession, no matter what right or title he had thereto or the party against whom such possession is unlawfully detained, may within three years after such forcible or unlawful entry or such unlawful detainer sue out of the clerk's office of the circuit or county court of the county or the circuit or corporation court of the corporation in which the land or some part thereof is a summons against the defendant to answer the complaint of the plaintiff that the defendant is in possession and unlawfully holds from the plaintiff the premises in questson (describing them), and no declaration shall be required; or in any case where the possession of any house, land, or tenement is unlawfully detained by a tenant or some person claiming under him, the lease of such tenant being originally for a period not exceeding one month or for the time such tenant is employed by the landlord as laborer, the landlord or other persons entitled to the possession may present to any justice of the county, city, or town in which said premises are situated a statement under oath of the facts which authorize the removal of the tenant or other person in possession (describing said premises), and thereupon the said justice shall issue his summons against the person or persons named in said affidavit. Sec. 2718. [83 Va. 20; 84 Va. 675 | Sec. 2721. [82 Va. 99] CHAPTER CXXIV. OF THE ACTION OF EJECTMENT. Sec. 2722. [82 Va 97; 86 Va. 614; 91 Va. 226; 92 Va. 481, 710; 93 Va. 226, 293.] Sec. 2723. [86 Va. 173.] Sec. 2725. [83 Va. 817; 87 Va. 210.] As Amended 1895 6, p 514. 83 Va. 817. As Amended 1893-6, p. 514. 84 Va. 891. Sec. 2726. Who shall be defendants; when and how landlord may defend. The person actually occupying the premises and any person claiming title thereto or claiming any interest therein adversely to the plaintiff may also, at the discretion of the plaintiff, be named defendants in the declaration. If there be no person actually occupying the premises adversely to the plaintiff, then the action must be against some person exercising ownership thereon or claiming title thereto or some interest therein at the commencement of suit. If a lessee be made defendant at the suit of a party claiming against the title of his landlord such landlord may appear and be made a defendant with or in place of his lessee. Sec. 2728. What is to be stated in the declaration.-It shall be sufficient for the plaintiff to aver in his declaration that on some day specified therein (and which shall be after his title accrued) he was possessed of the premises claimed, and being so possessed thereof that the defendant afterwards, on some day to be stated, entered into such premises or exercised acts of ownership thereon or claimed title thereto or some interest therein, to his damage such sum as the plaintiff shall state. Sec. 2730. [89 Va. 767.] Sec. 2734. [83 Va. 817; 84 Va. 891.] Sec. 2735. [87 Va. 210.] Sec. 2738. [83 Va. 817.] Sec. 2739. [92 Va. 253, 377.] Sec. 2740. [92 Va. 253, 377; 3 Va. L. R. 763, 843.]. Sec. 2741. [92 Va. 377.] Sec. 2743. [92 Va. 377.] Sec. 2744. [83 Va. 817; 81 Va. 891.] Sec. 2746. [84 Va. 891; 90 Va. 745.] Sec 2747. [91 Va. 344.] Sec. 2756. [92 Va. 710; 2 Va. L. R. 38.] CHAPTER CXXV. OF ALLOWANCE FOR IMPROVEMENTS. Sec. 2763. [85 Va. 448.] CHAPTER CXXVI. OF WASTE. TITLE 38. RENTS, EMBLEMENTS, AND APPORTIONMENT. CHAPTER CXXVII. OF THE ASSIGNMENT OF LANDS UNDER LEASE; THE NOTICE TO TERMINATE A TENANCY; THE RECOVERY OF RENT, AND RIGHT OF RE-ENTRY. Sec. 2791. [83 Va. 319.] Sec. 2792. [83 Va. 319; 92 Va. 636.] Sec. 2794 a. To require the return of distress warrants and to provide 1897-8, p. 755. for process of sale thereunder when necessary.-1. It shall be the duty of each officer who under the present law may execute warrants of distress except where it is otherwise provided by law to make return of his action and proceedings upon such warrants as may be placed in his hands for collection, and file the same with the clerk of the county or hustings court of his county or city as the case may be within sixty days after the same may have come to his hands. 2. Upon the return of such warrant it shall be the duty of such clerk to enter the same upon the execution book of his office after the manner as now provided by law as to executions issued by justices and returned unsatisfied, and the said clerk shall preserve such warrant in his office as is now provided as to such unsatisfied executions. 3. If such return shall show that a levy has been made and that property levied on remains unsold it shall be lawful for the said clerk of the county or hustings court, as the case may be, in whose office such return is filled toissue a writ of venditioni exponas thereon just as if the said return were upon a writ of fieri facias. CHAPTER CXXVIII. OF EMBLEMENTS. CHAPTER CXXIX. APPORTIONMENT OF MONEY COMING DUE AT FIXED PERIODS. |