Chap. 132.—An ACT to amend and re-enact section 6351 of the Code of Virginia
relating to bonds of appellants and petitioners and the penalties and con-
ditions thereof. [H B 153]

Approved March 16, 1934

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

Section 6351. Except where 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
justice, 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 inter-
est and costs, with condition, if a supersedeas be awarded, to perform
and satisfy the judgment, decree or order, or the part thereof, pro-
ceedings on which are stayed, in case the said judgment, decree, or such
part be affirmed, or the appeal, writ of error or supersedeas be dis-
missed, and also to pay all damages, costs and fees which may be
awarded against or incurred by the appellants or petitioners, in the
appellate court, and all actual damages incurred in consequence of the
supersedeas, and if it be an appeal from a decree or order dissolving
an injunction, or dismissing a bill of injunction, with a further condi-
tion to indemnify and save harmless the surety in the injunction bond
against all loss or damage in consequence of his suretyship, and with

condition, when no supersedeas is awarded, to pay such specific dam-
ages, and such costs and fees, as may be awarded or incurred; pro-
vided, however, that the justice or court granting the 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 super-
sedeas, shall stand dismissed unless such bond is executed within a
time to be specified in such order, not, however, to exceed thirty days
from the entry of said order; provided, however, that if a bond con-
ditioned as required for a supersedeas in this section shall have been
given in lieu of a suspending bond as permitted by section sixty-three
hundred and thirty-eight of the Code as amended, no additional bond
shall be required unless the court or justice 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 justice.

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