Chap. 433.—An ACT to amend and re-enact Section 3106 of the Code of Vir-
ginia, as amended, in relation to appeals and removals from civil and_police
justices in criminal and civil cases. [H B 379]

Approved April 1, 1938
1. Be it enacted by the General Assembly of Virginia, That Sec-

tion thirty-one hundred and six of the Code of Virginia, as amended,
he amended and re-enacted so as to read as follows:
Section 3106. Appeals and removals.—In all misdemeanors triable
before such civil and police justice under the provisions of this chap-
ter, there shall be an appeal from his judgment to the corporation court
of his city, as now or hereafter provided by law for appeals from the
judgment of a justice of the peace for the counties. In all civil cases
triable before such civil and police justices, where the amount in con-
troversy exceeds the sum of twenty dollars, exclusive of the interest,
there shall be an appeal of right to any of the courts exercising gen-
erally original common law jurisdiction in such civil cases in his city,
and all such appeals shall be tried and judgment rendered as provided
by section sixty hundred and thirty-eight, but no appeal shall be granted
unless within ten days from the date of the judgment from which the
appeal is sought the party applying for the same shall have given bond,
with sufficient surety, to be approved by the said civil and police justice,
to abide the judgment of the court upon the appeal, if such appeal be
perfected, except where such appeal is proper to protect the estate of a
decedent, infant, convict, insane person, or a county, city or town, in
which instances no bond shall be required, or if not so perfected, then
to satisfy the judgment of the said civil and police justice, judgment
against such surety, when the appeal is not perfected, to be entered
under section six thousand and twenty-eight. No surety in any such ap-
peal bond shall be released by the appellant’s being adjudicated a bank-
rupt at any time subsequent to the judgment rendered by the said civil
and police justice, but such surety shall be entitled to make any defense
on the trial of the appeal that the appellant could have made except the
defense of bankruptcy. The party taking such an appeal may direct
to which of said courts said appeal shall be sent for trial where there
are more than one of such courts, and in the absence of such directions,
the said civil and police justice may send the same to any court having
jurisdiction, and the clerk of said court, upon receipt of the papers in any
such appeal case, shall, upon payment of the writ tax, forwith docket
such case in its regular order; but if said writ tax be not so paid within
thirty days from the date of the judgment, the said appeal shall there-
upon stand dismissed, and the said judgment shall become final, and the
said papers, upon application of any party in interest, shall be returned
to the said civil and police justice by the clerk of the appellate court.
Appeal cases shall not have preference over other cases pending in such
appellate courts as regards the time of the trial, no appeals or removals
of warrants from the civil justices of the city of Richmond, shall lie
to the circuit court of the city of Richmond.