Chap. 247.—An ACT to amend and re-enact Section 3106 of the Code of Virginia,

as amended, relating to appeals and removals, and providing for cash deposit

in lieu of bond. [S 101]
Approved March 16, 1944

Be it enacted by the General Assembly of Virginia:

1. That section thirty-one hundred six of the Code of Virginia,
as amended, be amended and re-enacted, as follows:

Section 3106. Appeals and removals.—In all misdemeanors tri-
able before such civil and police justice under the provisions of this
chapter, 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
controversy exceeds the sum of twenty dollars, exclusive of the interest,
there shall be an appeal of right to any of the courts exercising generally
original common law jurisdiction in such civil cases in his ayy, 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 pe
fected, 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 appeal
bond shall be released by the appellant’s being adjudicated a bankrupt
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 de-
fense of bankruptcy; provided that in lieu of giving bond as hereinabove
provided, any such appellant may deposit with the civil and police justice,
who shall issue his official receipt therefor, such sum of money as the civil
and police justice estimates to be sufficient to discharge such judgment
as may be rendered by the appellate court on the trial of the appeal, in
which event, the civil and police justice shall pay the money so deposited
with him into the court to which the appeal is taken, by paying the same
to the clerk of the court, who shall issue his official receipt therefor.
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, forthwith 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 thereupon 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 jus-
tice by the clerk of the appellate court. Appeal cases shall not have pref-
erence over other cases pending in such appellate courts as regards the
time of the trial, no appeals or removals of warrants from the civil jus-
tices of the city of Richmond, shall lie to the circuit court of the city
of Richmond.