Chap. 130.—An ACT to amend and re-enact section 6338 of the Code of Virginia
relating to how persons desiring to present petitions for appeals, writs of
error and supersedeas may procure suspension of execution. [H B 151]

Approved March 16, 1934

1. Be it enacted by the General Assembly of Virginia, That section
sixty-three hundred and thirty-eight of the Code of Virginia be
amended and re-enacted so as to read as follows:

Section 6338. At the instance of any person who desires to present
such petition, the court in which the judgment decree, or order is,
may, during the term at which it is rendered or made, or the judge
rendering such judgment, order or decree, may, within thirty days
after such term is ended, make an order suspending the execution of
such judgment, decree, or order, for a reasonable time, to be specified
in such order, and thereafter until such petition is acted on by the
Supreme Court of Appeals if such petition is actually filed within the
specified time, when such person or someone for such person, shall
give or file a bond in the clerk’s office, with surety to be approved by the
judge of said court, or the clerk thereof, in such penalty as the court
or the judge may require, with a condition reciting such judgment,
decree, or order, and the intention of said person to present such
petition, and providing for the payment of all such damages as may
accrue to any person by reason of said suspension, in case a super-
sedeas to such judgment, decree, or order, be not petitioned for within
said time, or if so petitioned for, should not be allowed, and be effec-
tual within the time so specified, or a bond, conditioned according to
section sixty-three, hundred and fifty-one of the Code, and as herein-
after provided for. But where the judgment, decree or order appealed
from dissolves an injunction the judge may in his discretion, decline
to grant a suspension of such judgment, decree or order.

In any case where such person has indicated an intention to present
such a petition and the court or judge has prescribed by a proper order
for the suspension of the judgment, order, or decree, no execution shall
be issued thereon within five days from the date of such judgment,
order or decree, except upon the order of the court or judge for good
cause shown.

In lieu of the suspending bond herein provided for, a bond con-
taining all the conditions prescribed in section sixty-three hundred
and fifty-one of the Code may be given, and if so given, the execution
of the judgment, decree or order shall be suspended until such petition
shall have been presented and acted on by the Supreme Court of
Appeals of Virginia, or until the time for presenting such a petition
shall have expired.

In any case where such person shall have given a bond conditioned
as required for a supersedeas 1 in section sixty- three hundred and fifty-
one of the Code, the clerk, in preparing a transcript of the record, shall
affix a certificate to that effect, and showing the penalty of said ‘bond.