CHAPTER 334

An Act to amend and reenact §§ 16-14, 16-29, 16-30, 16-81 and 16-91, as
amended, all relating to removals and appeals of civil cases from cer-
tain courts.

[S 255]

Approved March 29, 1952

Be it enacted by the General Assembly of Virginia:

1. That §§ 16-14, 16-29, 16-30, 16-81 and 16-91, as amended, be amended
and reenacted as follows:

§ 16-14. In every case cognizable by a trial justice, other than a trial
justice appointed under the provisions of Chapter 2 of this title, a civil
justice or a civil and police justice, except cases of unlawful entry and
detainer, when the amount or thing in controversy exceeds the sum or
value of fifty dollars, the justice shall, at any time on or before the return
date of the process or within ten days after the return date of the process,
providing judgment has not been rendered, but not thereafter, upon the
application of the defendant, and upon payment by him of the costs ac-
crued, writ tax as fixed by law, and the * costs *, as fixed by subsection
(59) of § 14-128, remove the case and all the papers thereof to the circuit
court of the county or to the corporation court of the city wherein the
warrant has been brought and transmit to the clerk the writ tax and the
sum of five dollars received by him. The clerk of such court shall forth-
with docket the case. On the trial of the case the proceedings shall con-
form to proceedings under §§ 8-717 to 8-723.

§ 16-29. When an appeal is taken from the judgment of a trial jus-
tice other than a civil justice, a civil and police justice or a trial justice
appointed under Chapter 2 of this title, the party taking such appeal
shall, within thirty days from the date of such judgment, 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 * costs, as fixed by subsection (59) of § 14-123,
in the appellate court, and in the event of his failure to do so, the appeal
shall stand dismissed and the judgment of the trial justice affirmed, and
the original papers shall be returned to such justice who shall enter
judgment against any surety given at the time of appeal as a matter of
course.

§ 16-30. Any trial justice from whose judgment an appeal is allowed
shall immediately deliver to the clerk of the court which has the cogniz-
ance of the appeal the original warrants with the judgment and the name
of the surety endorsed thereon, together with all the exhibits before him
shown at the trial and the clerk shall worthwith docket the same, and
the trial justice granting the appeal shall not nor shall the appellant
without the leave of court after due notice to the appellee withdraw such
papers from the clerk’s office. The clerk of the court which has cognizance
of the appeal upon receipt of such papers and upon payment of the writ
tax as fixed by law and (except in case of appeals from civil justices, civil
and police justices and trial justices appointed under Chapter 2 of this
title) * court costs, as fixed by subsection (59) of § 14-123 to be incurred,
shall by writing to be served, as provided in §§ 8-51 to 8-53, notify the
appellee that such an appeal has been docketed in his office; provided, that
upon affidavit by the appellant or his agent in conformity with § 8-71,
being filed with the clerk, the clerk shall post such notice at the front door
of his courtroom and shall mail a copy thereof to the appellee at his last
known address or place of abode; and he shall file a certificate of such
posting and mailing with the papers in the case. No such appeal shall
be heard unless it appears that the appellee has had such notice, or that
such certificate has been filed, ten days before the date fixed for trial, or
has in person or by attorney waived such notice.

§ 16-81. When the amount of any claim, suit upon which is brought
before a trial justice under the provisions of subsection (3) of § 16-66,
exceeds the sum of two hundred dollars the trial justice shall, at any time
on or before the return date of the process or within ten days after
the return date of the process, provided judgment has not been ren-
dered, but not thereafter, upon the application of the defendant and
the filing by him of an affidavit of himself, his agent or attorney
that he has a substantial defense to the plaintiff’s claim, and upon
the payment by him of the costs accrued to the time of such appli-
cation including the costs, as fixed by subsection (59) of § 14-23 and the
writ tax as fixed by law * remove the case and all the papers thereof, to the
circuit court of the county or to the court of general jurisdiction of the
city, wherein the action was brought; and the trial justice shall promptlv
transmit the papers in the case and the writ tax and * costs to the clerk of
the court to which the case is removed. If the defendant fails to pay the
accrued costs, writ tax and * costs in the court to which the case is to be
removed, at the time of his application for removal, the trial justice shall
proceed to try the case.

On the trial of the case upon removal, the proceedings shall conform
to the proceedings under §§ 8-717 to 8-723. For the purpose of this
section the term “amount of claim” shall include any attorney’s fee con-
tracted for in any instrument sued on, but shall exclude interest and costs
in all cases.

§ 16-91. When the amount in controversy in any action at law before
a civil and police justice or judge of a municipal court exceeds the sum
of three hundred dollars, exclusive of interest and costs, the justice or
judge shall, at any time on or before the return date of the process or
within ten days after the return date of the process, provided that
judgment has not been rendered, but not thereafter, upon the applica-
tion of the defendant, the filing by him of an affidavit of himself,
his agent or attorney that he has a substantial defense to the plaintiff’s
claim and the payment by him of the costs accrued to the time of
removal, and the writ tax as fixed by law and the costs as fixed by *
subsection (59) of § 14-128 in the court to which it is removed, remove
the case, and all the papers thereof, to a court having jurisdiction of
appeals from the justice or judge of the city wherein the warrant has been
brought, and the justice or judge shall promptly transmit the papers in
the case and the writ tax and costs, to the clerk of the court to which the
case is removed. If the defendant fails to pay the accrued costs, writ tax,
and costs in the court to which the case is to be removed, at the time of
oe application for removal, the justice or judge shall proceed to try
e case.

On the trial of the case the proceedings shall conform to proceedings
under §§ 8-717 to 8-723 or the rules governing practice and procedure
promulgated by the Supreme Court of Appeals whichever shall apply.