Chap. 42.—An ACT to amend section seventeen of chapter one hundred
und seventy-cight of the Code, with respect to limitation to appeals.

Approved January 26, 1877. °

1, Be it enacted by the general assembly, That the seven-
teenth section of chapter one hundred and seventy-cight of
the Code of Virginia of eighteen hundred and seventy-three,
be amended and re-enacted so as to read as follows:

§ 17. No process shall issue upon any appeal, writ of error,
or supersedeas allowed to or from a final judgment, decree, or
order, if, when the record is delivered to the clerk of the
appellate court, there shall have elapsed two years since the
date of such final judgment, decree, or order; but the appeal,
writ of error, or supersedeas, shall be dismissed whenever it
appears that two years have elapsed since the said date before
the record is delivered to such clerk, or before such bond is
piven as is required to be given before the appeal, writ of
error, or supersedeas takes effect: provided, however, that
section twenty-six of chapter one hundred and eighty-two of
the Code of cighteen hundred and sixty, instead of this sec-
tion, shall remain in full force and apply to cases in which
the appeal, writ of error, or supersedeas may be to any judg-
ment or decree rendered before the passage of this act: and
provided, further, that the time which shall elapse from pre-
senting the petition for an appeal, writ of error, or superse-
deas, which shall be endorsed thereon by the judge to whom
the same shall be first delivered, and the delivery of the re-
cord to the clerk of the appellate court as aforesaid, shall be
excluded from the cotnputation of the said period of two
years. .
2. This act shall be in force from Ws passage.