Chap. 87.—An ACT to amend and re-enact Section 5449 of the Code of Virginia,
relating to appeal from judgment of a justice in certain cases. [H 62]

Approved February 29, 1944

Be it enacted by the General Assembly of Virginia:

1. That section fifty-four hundred forty-nine of the Code of Virginia
be amended and re-enacted, as follows:

Section 5449. Appeal from judgment of justice; how and when
taken; how tried; what security required when appeal taken by defend-
ant.—An appeal shall lie from the judgment of a justice, in any proceed-
ing under this chapter, to the circuit court of the county or circuit, cor-
poration court, or other courts of record having law and equity jurisdic-
tion of the corporation in which the premises are situated in the same
manner and with like effect and upon like security as appeals taken un-
der chapter two hundred and fifty. The appeal shall be taken within ten
days and the security approved by the justice from whose decision the
appeal is taken; and when the appeal is taken by the defendant, he shall
be required to give security also for all rent which has accrued and may
accrue upon the premises, but for not more than one year’s rent in all,
whether it accrued before or accrues after the appeal is taken, and also
for all damages that have accrued or may accrue from the unlawful use
and occupation of the premises for a period not exceeding three months.
Upon the trial of the appeal a jury may be empaneled to try the matter
in controversy upon the application of either party.