CHAPTER 55

AN ACT to amend § 8-794 of the Code of 1950, relating to appeal
from judgment of a trial justice.
[ H 44 ]

Approved February 24, 1950

Be it enacted by the General Assembly of Virginia:
1. That § 8-794 of the Code of 1950 be amended and reenacted
as follows:

§ 8-794. Appeal from judgment of trial justice—An ap-
peal shall lie from the judgment of a trial justice, in any pro-
ceeding under this article, to the circuit court of the county or
circuit, corporation court, or other court of record having law
and equity jurisdiction of the corporation in which the premises
are situated in the same manner and with like effect and upon
like security as appeals taken under Chapter 1 of Title 16. The
appeal shall be taken within ten days and the security approved
by the trial justice from whose decision the appeal is taken;
and when the appeal is taken by the defendant, he shall be re-
quired 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 ap-
peal 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 appeal, se-
curity may be given either in the form of a bond or the deposit
with the court of a cash sum. Upon the trial of the appeal a
jury may be empaneled to try the matter in controversy upon
the application of either party.