Chap. 437.—An ACT to amend and re-enact sections 3106 and 6027 of the Code of
Virginia, relating to appeals from justices, the former section having been
amended by an act approved March 27, 1922. [H B 284]

Approved March 21, 1924.

1. Be it enacted by the general assembly of Virginia, That sections
thirty-one hundred and six, as amended, and six thousand twenty-seven
of the Code of Virginia, be amended and re-enacted so as to read as
follows:

Section 3106. Appeals and removals.—lIn all misdemeanors triable
before such civil and police justice under the provisions of this chapter,
there shall be an appeal from his judgment to the corporation court of
his city, as now or hereafter provided by law for appeals from the judg-
ment of a justice of the peace for the counties. In all civil cases triable
before such civil and police justices no removal to any other court shall
be allowed, but in all cases over twenty dollars, exclusive of the interest,
there shall be an appeal of right to any of the courts exercising generally
original common law jurisdiction in such civil cases in his city, and all
such appeals shall be tried and judgment rendered as provided by sec-
tion sixty hundred and thirty-eight, but no appeal shall be granted un-
less and until the party applying for the same has given bond, with suf-
ficient surety, to be approved by the said civil and police justice, to
abide the judgment of the court upon the appeal, if such appeal be per-
fected, or if not so perfected, then to satisfy the judgment of the said
civil and police justice, judgment against such surety, when the appeal
is not perfected, to be entered under section six thousand and twenty-
eight. No surety in any such appeal bond shall be released by the ap-
pellant’s being adjudicated a bankrupt at any time subsequent to the
judgment rendered by the said civil and police justice, but such surety
shall be entitled to make any defense on the trial of the appeal that the
appellant could have made except the defense of bankruptcy. The
party taking such an appeal may direct to which of said courts said ap-
peal shall be sent for trial where there are more than one of such courts,
and in the absence of such directions, the said civil and police justice
may send the same to any court having jurisdiction, and the clerk of
said court, upon receipt of the papers in any such appeal case, shall,
upon payment of the writ tax, forthwith docket such case in its regular
order; but if said writ tax be not so paid within thirty days from the
date of the judgment, the said appeal shall thereupon stand dismissed,
and the said judgment shall become final, and the said papers, upon
application of any party in interest, shall be returned to the said civil
and police justice by the clerk of the appellate court. Appeal cases
shall not have preference over other cases pending in such appellate
courts as regards the time of the trial.

Section 6027. How appeal allowed or execution stayed.—lIf the
judgment be for a sum exceeding ten dollars the justice may stay execu-
tion on it sixty days from its date on such security being given 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 judgment 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 constitution-
ality or validity of a statute of this State or of an ordinance or by-law
of a corporation, or where the matter in controversy exclusive of interest
is of greater amount of value than ten dollars; provided, however, that
no surety in any appeal bond given by the appellant shall be released
by the appellant’s being adjudicated a bankrupt at any time subsequent
to the judgment rendered by the justice, but such surety shall be entitled
to make any defense on the trial of the appeal that the appellant could
have made, except the defense of bankruptcy. 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 affirmed. The verbal ac-
knowledgment 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 appellant, and if he fail to give such security the appeal
shall be dismissed with costs, and the court shall award execution on
the judgment rendered by the justice, with costs, against the appellant
and his surety. ©