Chap. 219.—An ACT to amend and re-enact section 4988 of the Code of Vir-
ginia. [H B 395]
Approved March 16, 1920.

1. Be it enacted by the general assembly of Virginia, That section
forty-nine hundred and eighty-eight of the Code of Virginia be
amended and re-enacted so as to read as follows:

Sec. 4988. Trial justices in counties having a population in excess
of three hundred persons per square mile as shown by the United
States census.—(1) In all counties in this State having a population
greater than three hundred inhabitants per square mile, as shown by
United States census, there may be appointed by the judge of the cir-
cuit court for such counties, and each two years after the first ap-
pointment, a trial justice for such counties, if in his discretion he deem
it necessary, who shall be a practicing attorney resident in said county.
Any vacancy occurring in the office of trial justice shall be filled for
the unexpired term by the judge of the circuit court.

(2) The courts of the trial justices shall be opened for the trans-
action of business every day in the year, except Sundays and legal
holidays, but the trial justice shall be allowed annually a vacation
period of not more than one month. The circuit court shall appoint a
substitute trial justice, and may at any time revoke such appointment,
and shall make a new appointment in the event of such revocation, or
of the death, absence, or disability of such substitute trial justice. In
the event of the inability of the trial justice to perform the duties of
his office by reason of sickness, absence, vacation, interest in the
claim, proceedings, or parties before his court, or otherwise, such sub-
stitute trial justice shall perform the duties of the office during such
inability, and shall receive for his services a per diem compensation
equivalent to one-twenty-fifth of a monthly installment of the salary
of the trial justice, payable out of the treasury of the county; and the
board of supervisors may, from time to time, determine whether or
not such compensation shall be deducted from the salary of the trial
justice. While acting as such, the trial justice or the substitute may
perform all acts with reference to the proceedings and judgments of
the other in any warrant, claim or proceeding before the court of the
trial justice in the same manner and with the same force and effect as
if they were his own.

(3) Before entering upon the performance of his duties, the trial
justice and the substitute trial justice shall take the oaths required by
law, and they shall enter into bond in the penalty of five hundred dol-
lars before the circuit court, or the clerk thereof, with surety to be
approved by said court or clerk, and conditioned for the faithful per-
formance of their duties.

(4) Such trial justice shall receive a salary of one thousand
dollars per annum, to be paid in monthly installments out of the treas-
ury of the county, and he shall receive no other compensation for his
services as trial justice. The trial justice shall charge and collect all
fees which justices of the peace for counties are authorized to charge
and collect, except in cases where the fee for issuing the warrant has
been collected by the justice of the peace for issuing the same, and
the fact of such payment certified on the warrant by the justice of the
peace so issuing the same, and out of all fees collected by the trial
justice he shall first pay the officers’ fees and costs, and shall pay the
balance into the county treasury monthly.

(5) The said trial justices shall have concurrent jurisdiction with
justices of the peace in all civil cases throughout the limits of his
county, except that he shall not issue any warrant in any civil case.

(6) The said trial justices shall have in criminal cases the same
jurisdiction for their respective counties as is now, or may hereafter
be, vested by general laws in the police justices of cities, but nothing
in this section shall be construed to interfere with, or abridge the
rights of justices of the peace to issue warrants and subpoenas in
criminal cases, and to receive their fees therefor, which said warrants
and subpoenas shall be returnable before said trial justices for action
thereon.

(7) The justices of the peace in all counties affected by this sec-
tion shall make returnable before said trial justices all processes issued
by them in criminal cases, and said trial justices shall sit at the county
seat of their respective counties for the hearing of all cases which
may be brought before them.

(8) All civil warrants shall be issued by the justices of the peace,
and made returnable either before said trial justices at the county seat
or before the justices of the peace according to chapter two hundred
and fifty of the Code of Virginia.

(9) All the provisions of law now in force, or which may here-
after be enacted, governing appeals and removals to the circuit courts
of the counties, of cases tried or pending before justices of the peace
for counties, shall apply in like manner, in cases tried or pending
before the trial justices appointed under this section.

(10) If any claim shall have been pending before such trial jus-
tice sixty days, he shall notify the parties or their attorneys that the
same will be dismissed in ten days thereafter, unless good cause be
shown to the contrary; and unless such cause be shown, the trial
justice shall forthwith dismiss such warrant.

(11) All papers connected with any of the proceedings in the trial
of cases before such trial justices, except such as may relate to cases
removed or appealed, shall remain in the office of the trial justices for
twelve months and then be returned to the clerk’s office of the circuit
court of the county, and shall be properly filed, indexed and preserved
by the clerk thereof, who shall receive the same fees as are allowed
for receiving, filing and indexing papers returned by justices of the
peace.

(12) The trial justices shall keep a docket in which shall be en-
tered all causes tried and prosecuted before him and the final disposi-
tion of the-same, together with an account of costs and fines.

(13) The board of supervisors shall provide all necessary books,
stationery and supplies. Such books and supplies shall be under the
control of the trial justice and shall remain the property of the
county.