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1998 SESSION

989527178
HOUSE BILL NO. 1267
Offered January 26, 1998
A BILL to amend and reenact § 8.01-129 of the Code of Virginia, relating to security required upon appeal from judgment of general district court.
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Patrons-- Crittenden, Barlow, Baskerville, Behm, Christian, Diamonstein, Jones, D.C., Jones, J.C., Spruill and Van Landingham; Senators: Forbes, Maxwell and Whipple
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1. That § 8.01-129 of the Code of Virginia is amended and reenacted as follows:

§ 8.01-129. Appeal from judgment of general district court.

An appeal shall lie from the judgment of a general district court, in any proceeding under this article, to the circuit court in the same manner and with like effect and upon like security as appeals taken under the provisions of § 16.1-106 et seq. except as specifically provided in this section. The appeal shall be taken within ten days and the security approved by the court from which the appeal is taken. Notwithstanding the provisions of § 16.1-106 et seq. the bond shall be posted and the writ tax paid within ten days of the date of the judgment. Unless otherwise specifically provided in the court's order, no writ of execution shall issue on a judgment for possession until the expiration of this ten-day period. When the appeal is taken by the defendant, he shall be required to give security also for all rent which has accrued and may accrue upon the premises, but for not more than one year's rent, and also for all damages that have accrued or may accrue from the unlawful use and occupation of the premises for a period not exceeding three months. Trial by jury shall be had upon application of any party.

Notwithstanding the provisions of this section, no local public transit or transportation system which provides bus service to the public shall be required to post an appeal bond.