Chap. 143.—An ACT to amend and re-enact section six thousand and thirty-six
of the Code of Virginia, relating to the duties of the justice and clerk when
an appeal is allowed. [H B 128]

Approved March 20, 1930

I. Be it enacted by the general assembly of Virginia, That section
six thousand and thirty-six of the Code of Virginia, be amended and
re-enacted so as to read as follows:

Section 6036. Duty of justice and clerk when appeal allowed.—
Any justice from whose judgment an appeal is allowed shall immediately
deliver to the clerk of the court which has the cognizance 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 forthwith docket the same and the justice
granting the appeal shall not nor shall the appellant without the leave
of court after due notice to the appellee withdraw said 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 anda
deposit of four dollars on account of court costs to be incurred, shall
by writing to be served, as provided in section six thousand and forty-
one of the Code, 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 section six thousand and sixty-nine of the
Code of nineteen hundred and nineteen, being filed with said clerk, the
clerk shall post such notice at the front door of his courtroom and
shall mail a copy thereof to said 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
appear 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.