CHAPTER 211

An Act to amend and reenact § 16.1-112 of the Code of Virginia, relating
to procedure upon appeal from a judgment of a court not of record tn
a civil case, so as to require notice of appeal to the appellee or his

attorney.
fTrroe@wt?l
Be it enacted by the General Assembly of Virginia:
be That § 16.1-112 of the Code of Virginia be amended and reenacted as

ollows:

§ 16.1-112, The judge or clerk of any court from which an appeal is
taken under this article shall promptly transmit to the clerk of the appel-
late court the original warrant or warrants or other notices or pleadings
with the judgment endorsed thereon, together with all pleadings, exhibits
and other papers filed in the trial of the case and the required bond or the
money deposited in lieu of such bond. If within thirty days from the date
of the judgment the appellant shall pay to the clerk of the court to which
the appeal is taken the amount of the writ tax as fixed by law and costs
as required by subsection (59) of § 14-123, the case shall be docketed; but
if the writ tax and costs be not so paid within thirty days from the date
of the judgment, the appeal shall thereupon stand dismissed and the judg-
ment shall become final, and the papers shall be returned to the clerk of the
court which rendered the judgment and the judge of such court shall enter
judgment against any surety on the appeal bond as a matter of course.

When such case has been docketed, the clerk of such appellate court
shall by writing to be served, as provided in §§ 8-51 through 8-58, or by
certified mail, with certified delivery receipt requested, notify the appellee or
his attorney that such an appeal has been docketed in his office; provided,
that upon affidavit by the appellant or his agent in conformity with § 8-71
being filed with the clerk, the clerk shall post such notice at the front door
of his courtroom and shall mail a copy thereof to the appellee at his last
known address or place of abode or to his attorney; and he shall file a
certificate of such posting and mailing with the papers in the case. No such
appeal shall be heard unless it appears that the appellee or his attorney
has had such notice, or that such certificate has been filed, ten days before
the date fixed for trial, or has in person or by attorney waived such notice.