Chap. 277.—An ACT to amend and re-enact section 185 of an act entitled an
act to amend and re-enact title 8 of the Code of Virginia in relation to sala-

ries, mileage and other allowances, as the same was amended by an act ap-
proved March 17, 1906, which is chapter 321 of the acts of the session of 1906.

Approved March 13, 1908.

Whereas, the general assembly of 1906 appropriated by the act which
is chapter one hundred and thirteen of the acts of that session, forty-
seven hundred dollars ($4,700.00) for the payment of the annual salary
of the president of the court of appeals, and forty-five hundred dollars
($4,500.00) each for the payment of the annual salaries of the other
judges of the court of appeals; and,

Whereas, it has, for many years, been the custom of the State to ap-
propriate two hundred dollars ($200.00) more for the salary of the
president of the court of appeals than for the other judges of said court,
because of the additional amount of labor that is upon him; and,

Whereas, it was evident from such appropriation that the legislature
intended to fix the salary of the president of the said court at two hun-
dred dollars ($200.00) more than the amount fixed for the other judges
of the court; and,

Whereas, chapter three hundred and twenty-one of the acts of nine-
teen hundred and six fixed the salary of the president of the court of
appeals until the first day of February, nineteen hundred and seven, at
two hundred dollars more than the salary of the other judges, and after
February first, nineteen hundred and seven, fixed said salary at forty-
five hundred dollars ($4,500.00), the same as that fixed for the other
judges; and,

Whereas, it is believed that this was done unintentionally, and that
the legislature intended to preserve the difference that had heretofore
existed in the salary of the judges; therefore,

1. Be it enacted by the general assembly of Virginia, That an act to
amend and re-enact section one hundred and eighty-five of an act en-
titled an act to amend and re-enact title eight of the Code of Virginia,
in relation to salaries, mileage and other allowances, which was approved
March seventeenth, nineteen hundred and six, and is chapter three hun-
dred and twenty-one of the acts of assembly of the session of nineteen
hundred and six, be aniended and re-enacted, so as to read as follows:

8185. First. Salaries of judges of court of appeals—On and‘ after
February first, nineteen hundred and seven, the president of the supreme
court of appeals, the sum of four thousand seven hundred dollars; and
the other judges of the said court, each the sum of four thousand five
hundred dollars.

Second. Of clerks, reporter and stenographer.—The clerk of the court
of appeals at Richmond, the sum of five hundred dollars, and the clerks
of said court at Staunton and Wytheville, each the sum of three hun-
dred and twenty dollars, and the clerk of the circuit court of the city
of Richmond, the sum of four hundred dollars; the reporter; fifteen
hundred dollars; and the stenographer to the court of appeals, one
thousand four hundred dollars.

Third. Of judges of the circuit courts —The twenty-nine judges of
the circuit courts, the sum of two thousand five hundred dollars each;
provided, however, that the judge of the circuit court of the city of
Richmond shall receive the sum of three thousand five hundred dollars.
The whole of which said salaries of said judges shall be paid out the
State treasury, the State to be reimbursed to the extent of one half
thereof by the respective counties and cities composing the circuit, ac-
cording to their respective population, except that of the salary of the
judge of the circuit court of the city of Richmond, the State shall pay
the proportion which would otherwise fall to the city of Richmond; and
it is hereby made the duty of the auditor of public accounts:
“On or before the first dav of June, of the vear nineteen hundred
and three, and of each year thereafter, to apportion between the coun-
ties and cities composing each judicial circuit the salarv of the judge
thereof for the year beginning the first day of February of the succeed-
ing year, according to the respective population of said counties and
cities as shown by the last preceding census taken under authority of
the United States, and transmit a statement of such apportionment to
the clerk of the board of supervisors of each county, and the clerk of
the council of each city composing the judicial circuit, and to the treas-
urer of each of said counties and cities.

“It shall be the duty of the board of supervisors of each county and
the council of each city to provide funds for the payment of so much
of said salary as said statements shows to have been apportioned to its
county or city; but it is hereby made the duty of the treasurer of such
county or city to pay the same into the treasury of the State on or
before the first day of December each year. out of anv funds of his
county or city in his hands, and to this end he shall retain of said funds
collected by him a sum sufficient to pay such portion of said salary, and
the said apportionment shall be the first and superior charge against
said funds.

“Any treasurer failing to make such payment within the time pre-
scribed therefor shall be liable to the Commonwealth on his official bond,
for the part of such salary apportioned to his county or city, and a
penalty thereon of ten percentum.

“The salaries of the circuit judges now in office shall remain un-
changed until the first day of February, nineteen hundred and four,
and to be paid as now provided by law.”

Fourth Mileage—The judges of the supreme court of appeals and
of the circuit courts shall each be entitled to mileage not to exceed ten
cents per mile for all necessary travel, by the nearest practicable route
of travel in use to and from their respective courts.

Fifth. Judges of the city courts of cities of the first-class —The judges
of the city courts of cities of the first-class, the following sums, respec-
tively: The judge of the chancery court of the city of Richmond, the
judge of the law and equity court of the city of Richmond, the judge
of the hustings court of the city of Richmond, the judge of the law and
chancery court of the city of Norfolk, and the judge of the corporation
court of the city of Norfolk, the sum of three thousand five hundred
dollars each; the judge of the corporation or hustings court of the city
of Petersburg, the judge of the corporation or hustings court of the city
of Lynchburg, the judge of the corporation or hustings court of the city
of Roanoke, the judge of the corporation or hustings court of the city
of Danville, the judge of the corporation or hustings court of the city of
Newport News, the judge of the corporation or hustings court of the
city of Alexandria, the judge of the corporation or hustings court of
the city of Staunton, and the judge of the corporation or hustings court
of the city of Portsmouth, the sum of two thousand five hundred dollars
each; and the judge of the corporation or hustings court of the city
of Manchester, the sum of two thousand dollars: provided, however, that
the judge of the corporation or hustings court of the city of Alexandria,
and the judge of the corporation or hustings court of the city of Staun-
ton, and the judge of the corporation or hustings court of the city of
Portsmouth, the sum of two thousand five hundred dollars each; and
the judge of the corporation or hustings court of the city of Manchester,
the sum of two thousand dollars: provided, however, that the judge of
the corporation or hustings court of the city of Alexandria, and the
judge of the corporation or hustings court of the city of Portsmouth
shall receive the sum of two thousand dollars until the first day of
February, nineteen hundred and seven. The whole of said salaries of
said judges shall be paid out of the State treasury, the State to be
reimbursed to the extent of one half thereof by the respective cities; and
it is hereby made the duty of the auditor of public accounts:

On or before the first day of June of the year nineten hundred and
three, and of each year thereafter, to apportion the salary of each of
said judges, respectively, between the State of Virginia and the cities
above named, respectively, in accordance with the provisions of section
one hundred and three of the Constitution of Virginia; that is to say,
one half of said salary of each of said judges to be paid by the State
of Virginia and the other half by the city, and to transmit a statement
of such apportionment to the clerks of the councils of said cities, respec-
tively, and to the treasurers of said cities, respectively.

It shall be the duty of the council of said city to provide funds for
the payment of so much of said salary as said statement shows to have
heen apportioned to its city; but it is hereby made the duty of the treas-
urer of such city to pay the same into the treasury of the State, on or
before the first day of December each year, out of any funds of his city
in his hands; and to this end he shall retain of said funds collected by
him a sum sufficient to pay such portion of said salary, and said appor-
tionment shall be the first and superior charge against said funds. Any
treasurer failing to make such payment within the time above prescribed
therefor shall be liable to the Commonwealth on his official bond for the
part of such salary apportioned to his city as aforesaid and a penalty
thereon of ten per centum.