CHAPTER 347

An Act to amend and reenact § 8-477 of the Code of Virginia, relating to
appeal and supersedeas bonds, so as to provide that supersedeas may

be awarded where not originally prayed for. g
[S 73]

Approved March 14, 1956 —

Be it enacted by the General Assembly of Virginia:
Hs i That § 8-477 of the Code of Virginia be amended and reenacted as
ollows: ;
§ 8-477. Except when an appeal, writ of error or supersedeas is proper
to protect the estate of a decedent, infant, convict or insane person, or to
protect the interest of any county, city or town of this Commonwealth, the
same shall not take effect until bond with surety approved by the trial
court, or its clerk, be given or filed in the clerk’s office of the trial court
by the appellants or petitioners, or one or more of them, or some other
person, in a penalty to be fixed by the court or judge by or in which the
appeal, writ of error or supersedeas is allowed or entered, which penalty,
in a case where the judgment, decree or order, proceedings on which, in
whole or in part, are stayed by supersedeas, is for the payment of money,
shall in no case be less than the amount of money the payment of which is
stayed with interest and costs. If a supersedeas be awarded such bond
shall be conditioned, to perform and satisfy the judgment, decree or order,
or the part thereof proceedings on which are stayed, in case such judgment,
decree, or order or such part be affirmed, or the appeal, writ of error or
supersedeas be dismissed, and also to pay all damages, costs and fees which
may be awarded against or incurred by the appellants or petitioners in the
Supreme Court of Appeals and all actual damages incurred in consequence
of the supersedeas, and if it be given upon an appeal from a decree or order
dissolving an injunction, or dismissing a bill of injunction, such bond shall
be further conditioned to indemnify and save harmless the surety in the
injunction bond against all loss or damage in consequence of his suretyship.
When no supersedeas is awarded, such bond shall be conditioned to pay
such specific damages, and such costs and fees, as may be awarded or
incurred.

In case a writ of error or an appeal is originally granted without
supersedeas, and occasion later arises for a supersedeas, the judge or court
granting the writ of error or appeal may, upon motion of the appellant,
award a supersedeas, fix the amount thereof and the time within which
bond shall be given.

The judge or court granting an appeal, writ of error or supersedeas
may subsequently, on motion of any party in interest, require such bond
of any county, city or town, and provide in the order requiring the same
that the appeal, writ of error or supersedeas shall stand dismissed unless
such bond is executed within a time to be specified in such order, not, how-
ever, to exceed thirty days from the entry of such order.

If a bond conditioned as required for a supersedeas in this section
shall have been given in lieu of a suspending bond as permitted by § 8-465,
no additional bond shall be required unless the court or judge by or in
which the appeal, writ of error or supersedeas is allowed or entered shall
require a bond in a penalty greater than that in the bond previously given.
In such a case a bond conditioned as herein required shall be given or filed
in the clerk’s office of the trial court in a penalty equal to the difference
between the penalty in the bond previously given and the amount so re-
quired by such court or judge.