Chap. 30.—An ACT to amend and re-enact section 3106 of the Code of Virginia,
as heretofore amended, relating to appeals and removals from civil and
police justices and civil justices. [H B 50]

Approved February 17, 1936

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

Section 3106. Appeals and removals.—In all misdemeanors triable
before such civil and police justice under the provisions of this chap-
ter, 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 judgment 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 section sixty hundred and thirty-
eight, but no appeal shall be granted unless and until the party apply-
ing for the same have given bond, with sufficient 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 perfected, except where such appeal
is proper to protect the estate of a decedent, infant, convict, insane
person, of a county, city or town, no bond shall be required, 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 appellant’s being
adjudicated a bankrupt at any time subsequent to the judgment ren-
dered 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 ap-
pellant could have made except the defense of bankruptcy. The party
taking such an appeal may direct to which of said courts said appeal
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, provided, however, that no
appeals or removals of warrants from the civil justices of the city
of Richmond, shall lie to the circuit court of the city of Richmond.

An emergency existing this act shall be in force from its passage.