Chap. 383.—An ACT to amend and re-enact Section 36-h of an act entitled “An
act to provide a new charter for the City of Lynchburg, Virginia.”, approved
March 21, 1928, as heretofore amended by Chapter 167 of Acts of the General
Assembly, approved March 10, 1942, relating to removal of cases trom the
Municipal Civil Court. [H B 420]

Approved March 28, 1946

Be it enacted by the General Assembly of Virginia:

1. That section thirty-six-h of an act entitled “An act to prov ide a
new charter for the City of Lynchburg, Virginia.”, approved March
twenty-first, nineteen hundred and twenty-eight, as heretofore amended
by chapter one hundred and sixty-seven of Acts of the General Assembly
approved March tenth, nineteen hundred and forty-two, be amended and
re-enacted, so that said amended section shall read as follows:

Section 36-h. Whenever the amount involved in any case within the
jurisdiction of said judge of the municipal civil court, as herein provided,
exceeds the sum of three hundred dollars, exclusive of interest and costs,
the judge of the municipal civil court shall at any time on or betore the
return date of the process, provided trial of the case has not commenced
in said municipal civil court, but not thereafter, upon the application of
the defendant, or if there be more than one defendant, then upon the
application of any defendant, and the filing by him of an affidavit of him-
self, his agent or attorney that he has a substantial defense to the plain-
tiff’s claim, and upon payment by him of the costs accrued to the time of
application for removal and the writ tax as fixed by law, and four dollars
on account of costs in the court to which it is removed, remove the case
and all the papers thereof, to the corporation or circuit court of the city
of Lynchburg; and the judge of the municipal civil court shall promptly
transmit the papers in the case and the writ tax and four dollars on ac-
count of costs to the clerk of the court to which the case is removed. If
the defendant fails to pay the accrued costs, writ tax, and four dollars
for costs in the court to which the case is to be removed, at the time of
his application for removal, the judge of the municipal civil court shall
proceed to try the case. On the trial of the case in the corporation or
circuit court, the proceedings shall conform to the proceedings under
section six thousand and forty-six of the Code of Virginia of nineteen
hundred and nineteen, as now or hereafter amended.