Chap. 512.—An ACT to amend and re-enact sections 2947 and 2957 of the code
of Virginia, in relation to appeals from the judgments of justices on war-
rants for small claims.

Approved March 1, 1894.

1. Be it enacted by the general assembly of Virginia, That sections
twenty-nine hundred and forty-seven and twenty-nine hundred and

Bkhbe andan ha amanaAad and rao onantoadn an ag tn voad aga fallinwa :
§ 2947. How appeal allowed or execution stayed.—If a judgment of
a justice be for a sum exceeding ten and not exceeding twenty dol-
lars,exclusive of interest and costs, the justice rendering it may
stay execution on it forty days from itsdate. If the judgment be
for a sum exceeding twenty and not exceeding thirty dollars, he may
stay execution on it sixty days from its date. If the judgment
be for a sum exceeding thirty dollars he may stay execution on it
ninety days from its date, on such security being given in either
case for its payment as he may deem sufficient. From any such
judgment the justice rendering it may, within ten days, on such
security being given as he approves for the payment of such judg-
ment as may be rendered on appeal by the appellate court against
the defendant and all costs and damages, allow an appeal where the
case involves the constitutionality or validity of an ordinance or by-
law of a corporation, or where the matter in controversy, exclusive
of interest, is of greater amount or value than ten dollars. Where
the appeal is by a party against whom there is no recovery except
for costs, the security shall be for such costs and damages as may be
awarded against him on the appeal if the judgment of the justice
be aflirmed. The verbal acknowledgment of any surety taken under
this section shall be sufficient, and the endorsement by the justice
of the name of the surety upon the warrant on which the judgment
is rendered shall be conclusive evidence of such acknowledgment.
The court in which the appeal is cognizable may, on motion, for good
cause shown, require the appellant to give new or additional security,
reasonable notice of such motion having been given to said appel-
lant, and if he fail to give such security the appeal shall be dis-
missed, with costs, and the court shall award execution on the judg-
ment rendered by the justice, with costs agaiust the appellant and
his surety.

§ 2957. How tried; judgment.—Every such appeal shall be tried
by the court in a summary way without pleadings in writings, or if
the amount in controversy exceed twenty dollars, by a jury, if either
party require it. All legal evidence produced by either party shall
be heard, whether the same was produced or not hefore the justice
from whose decision the appeal is taken, and the case shall be de-
termined according to the principles of law and equity. If judg-
ment be recovered by the appellee, execution shall issue against the
principal and surety, jointly or separately, for the amount of such
judgment, including interests and costs, with damages on the aggre-
gate, at the rate of ten per centum per annum from the date of that
judgment until payment, and for the costs of the appeal; and the
execution shall be endorsed “no security is to be taken,” if the de-
cision be reversed. Such order or judgment shall be made or given
as ought to have been made or given by the justice, and the party
substantially prevailing shall recover his costs. Where the appeal
is from an order or judgment under section twenty-nine hundred
and fifty-four, the court shall give such judgment respecting the
property, the expense of keeping it and any injury done to it, as
may be equitable among the parties.