CHAPTER 276

AN ACT to amend and reenact § 16-91 of the Code of 1950, to
require the defendant to pay all costs, including the writ
tax, in case of removal.

[f H 49 ]

Approved April 4, 1950

Be it enacted by the General Assembly of Virginia:

1. That § 16-91 of the Code of 1950 be amended and reenacted
as follows:

§ 16-91. Removal of. case involving more than three hun-
dred dollars.—When the amount in controversy in any action at
law before a civil and police justice or judge of a municipal
court exceeds the sum of three hundred dollars, exclusive of in-
terest and costs, the justice or judge shall, at any time within
ten days after the return date of the process, provided that
judgment has not been rendered, but not thereafter, upon the
application of the defendant, the filing by him of an affidavit of
himself, his agent or attorney that he has a substantial defense
to the plaintiff’s claim and the payment by him of the costs
accrued to the time of removal, and the writ tax and the costs as
fixed by law in the court to which it is removed, remove the case,
and all the papers thereof, to a court having jurisdiction of
appeals from the justice or judge of the city wherein the warrant
has been brought, and the justice or judge shall promptly trans-
mit the papers in the case and the writ tax and 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 costs in the court to
which the case 1s to be removed, at the time of his application
for removal, the justice or judge shall proceed to try the case.
* % *

On the trial of the case the proceedings shall conform to
proceedings under §§ 8-717 to 8-723 or the rules governing prac-
tice and procedure promulgated by the Supreme Court of Ap-
peals whichever shall apply.