Chap. 327.—An ACT to provide within what time and by whom the writ tax
shall be paid in case of removal or appeal from a justice, and how judg-
ment shall] be entered against a surety where appeal is dismissed.

Approved March 17, 1910.

1. Be it enacted by the general assembly of Virginia, That where a
warrant is removed under section twenty-nine hundred and thirty-nine
of the Code of Virginia, upon affidavit of substantial defense, the plain-
tiff shall, within thirty days from the date when such removal order is
made, pay to the clerk of the circuit court of the county or of the corpo-
ration court of the city wherein the warrant has been brought, the proper
writ tax as fixed by law, and in the event of his failure to do so said
warrant shall be taken as dismissed, and no further proceedings shall
he had thereon, but the original paper shall be returned to the justice be-
fore whom the warrant was brought, and he shall issue execution against
the plaintiff for the costs, as a matter of course; and when, under section
twenty-nine hundred and forty-seven of the Code, or chapter one hun-
dred and thirty-three of the acts of the general assembly of nineteen
hundred and eight, an appeal is taken from the judgment of a justice,
the party taking such appeal shall, within thirty days from the date of
such appeal, pay to the clerk of the court to which such appeal has been
taken the amount of the writ tax as fixed by law, and in the event of
his failure to do so, the appeal shall stand dismissed and the origina]
papers shall be returned to the said justice, and the judgment of the
justice shall be confirmed, and the justice shall enter judgment against
any surety given at the time of appeal as a matter of course.

2. That every warrant heretofore removed from a justice to a circuit
Or corporation court, and every warrant on which an appeal from the
decision of a justice has been taken as hereinbefore mentioned, and upon
which the writ tax as fixed by law is not paid within thirty days from
the date this act takes effect, the same proceedings shal] be had as
mentioned in the preceding section.

3. An emergency existing, in that numerous warrants affected by
this act are in the offices of the clerks of the various courts of this State,
and have not been docketed, this act shall take effect thirty days after
its passage.