CHAPTER 7

An Act to amend and reenact § 8-489 of the Code of Virginia, relating to
limitations of appeals, write of error or supersedeas.
[S 2]

Approved February 10, 1964

Be it enacted by the General Assembly of Virginia:
ba That § 8-489 of the Code of Virginia be amended and reenacted, as
ollows:
§ 8-489. No process shall issue upon an appeal, writ of error, or
supersedeas allowed to or from a final judgment, decree or order of any
court or upon an appeal, writ of error or supersedeas allowed to a final
judgment, order or finding of the State Corporation Commission, if, when
the record with the petition required by law is delivered to the clerk of
the Supreme Court of Appeals, there shall have elapsed four months since
the date of such final judgment, decree, order or finding, or three months
if the decree appealed from was a decree refusing a bill of review to a
final decree rendered more than four months prior thereto.

No process shall issue upon an appeal allowed to a final award of
the Industrial Commission of Virginia, if, when the record with the
petition required by law is delivered to the clerk of the Supreme Court
of Appeals, there shall have elapsed thirty days since the date of such
fina] award or receipt of notice of such award, as the case may be.

The appeal, writ of error or supersedeas shall be dismissed whenever
it appears that four months, three months, or thirty days, as the case
may be, has elapsed since the date of such final judgment, decree, order,
finding or award, before the record, with such petition, is delivered to
such clerk, or four months and fifteen days, three months and fifteen
days, or sixty days, as the case may be, shall have elapsed before such
bond is given as is required to be given before an appeal, writ of error,
or supersedeas takes effect; provided that the time which shall elapse
from the presentation to a judge or to the court or the filing with the
clerk in vacation or in term to be by him delivered to a judge of a petition
for an appeal, writ of error or supersedeas and the delivery of the record,
with the petition required by law, to the clerk of the Supreme Court of
Appeals by the judge granting the same, or the court as aforesaid, shall
be excluded from the computation of such period of four months and
fifteen days, three months and fifteen days, and sixty days, respectively.

But, notwithstanding the foregoing limitations of time, no appeal,
writ of error or supersedeas shall be refused or dismissed for failure to
deliver the record within the required time if it shall appear from evidence
satisfactory to the Supreme Court of Appeals that the clerk of the court
below failed to deliver to the clerk of the Supreme Court of Appeals the
record on appeal within the required time after having been notified to
do so in accordance with the provisions of the Rules of Court of the
Supreme Court of Appeals.