Chap. 166.—An ACT to amend the Code of Virginia by adding thereto a new
chapter numbered 243-a and nine new sections, numbered 5904-a, 5904-b,
5904-c, 5904-d, 5904-e, 5904-f, 5904-g, 5904-h and 5904-i, providing for the
establishment of a county court in each county of the Commonwealth hav-
ing a population greater than 500 inhabitants per square mile as shown by
the last United States census; to provide for its jurisdiction; to provide
for the officers of said court and fix their duties; to provide for the plead-
ings in said court; to provide for appeals from decisions of said court;
to provide for its terms; to fix the compensation of the judge and the court
officers; and to abolish in the counties in which such courts are established
the offices of justices of the peace, trial justices, and juvenile and domestic
relations justice; and to transfer the powers of such courts to the county
court. [H B 340]

Approved March 20, 1930

1. Be it enacted by the general assembly of Virginia, That the
Code of Virginia be amended by adding thereto a new chapter num-
bered two hundred and forty-three-a and by adding thereto nine Code
sections numbered fifty-nine hundred and four-a, fifty-nine hundred
and four-b, fifty-nine hundred and four-c, fifty-nine hundred and
four-d, fifty-nine hundred and four-e, fifty-nine hundred and four-f,
fifty-nine hundred and four-g, fifty-nine hundred and four-h, and
fifty-nine hundred and four-i, to read as follows:

CHAPTER 243-a

Section 5904-a. In each county of this Commonwealth having a
population greater than five hundred inhabitants per square mile, as
shown by the last preceding United States census, there shall be chosen
by the qualified voters of such county, at the general election on the
Tuesday after the first Monday in November, nineteen hundred and
thirty-one, for a period of four years, and every four years thereafter,
a trial justice for such county, whose court shall be known as the
county court, and who shall be a resident and qualified voter of such
county and a member of the bar thereof. He shall hold office from
the first day of January next succeeding his election. Any vacancy
occurring in the office of such justice shall be filled for the unexpired
term by the judge of the circuit court of such county. Such justice
shall not practice law, within or without this State, during his con-
tinuance in office and he shall receive a salary of four thousand dollars
per annum payable in monthly installments out of the county treasury.

Section 5904-b. Jurisdiction——Such county courts shall have ex-
clusive original jurisdiction for the trial of all prosecutions for mis-
demeanors; for violations of county ordinances; and in all actions of
a civil nature, whether arising ex-contractu or ex-delicto, including pro-
ceedings by attachments, other than actions involving the title or bound-
ary to real estate; shall have original exclusive jurisdiction where the
amount in controversy, exclusive of interest and costs, does not exceed
the sum of three hundred dollars, and concurrent jurisdiction with the
circuit courts of such counties, where the amount in controversy in such
cases, exclusive of interest and costs, exceeds the sum of three hundred
dollars and does not exceed the sum of one thousand dollars; provided
that where the jurisdiction is concurrent as herein provided, the justice
shall, at any time before trial, upon the application of the defendant, if
made within ten days of service of process upon him, and upon the
payment by him of the costs accrued and writ tax, remove the case,
and all the papers thereof, to the circuit court of such county, and the
clerk of such court shall forthwith docket the case.

The county court shall have exclusive original jurisdiction for the
trial and disposition of all misdemeanor violations of chapter four
hundred and seven of the acts of nineteen hundred and twenty-four and
all amendments thereto and shall have the same power with reference to
the suspension of sentences that is vested in the circuit and corporation
courts.

The county court shall have exclusive jurisdiction for the preliminary
examination of felony cases, with the power to discharge or commit
for trial as provided by sections forty-eight hundred and forty-two,
forty-eight hundred and forty-three, forty-eight hundred and forty-
four, forty-eight hundred and forty-five, forty-eight hundred and
forty-six and forty-eight hundred and forty-seven of the Code. The
county court shall also be the juvenile and domestic relations court of
the county vested with all the powers and duties imposed by law in
such cases on juvenile and domestic relations courts.

An appeal as of right to the circuit court shall lie from the judgment
of the county court in any misdemeanor case, prosecution for violation
of county ordinances, or civil case, upon the same terms and condi-
tions now provided by law for appeals from justices of the peace,
provided, that no appeal shall be allowed in a criminal or in a civil case
unless taken within ten days of the time of judgment rendered by the
county court and unless the amount in controversy in a civil case, ex-
clusive of interest and costs, exceeds the sum of twenty dollars.
The county court, or the justice thereof in vacation, shall have the
power to admit all persons charged with crime to bail unless bail shall
have theretofore been refused by the circuit court, or the judge thereof.

Section 5904-c. The county clerk shall be ex-officio clerk of the
county court, and shall recetve the same fees provided for by law fot
similar services allowed clerks of circuit courts and justices of the peace,
which compensation the clerk shall not be required to account for under
section thirty-five hundred and sixteen of the Code. The clerk shall
forthwith docket and index the judgments of the county courts from
which no appeal have been taken in the current judgment docket.

Section 5904-d. The justice of the county court shall appoint a
bailiff for his said court, who shall hold his office until removed by
said justice. The bailiff shall have charge of the court room and
justice’s office, and the furniture and other property contained therein
and be held responsible for the safekeeping and proper protection of the
same. He shall attend all courts held by the county court and shall
perform such other services as may be required of him by the county
court or justice thereof. The bailiff shall have the power and authority
of a police officer and shall receive for his services such compensation
as the board of supervisors shall fix, to be paid out of the county
treasury.

Section 5904-e. All prosecutions in the county court for misde
meanors and tor violations of county ordinances shall be by warrant
issued by the judge of said court or by the clerk of said court in the
manner provided by chapter one hundred and ninety-two of the Code.
All proceedings in civil cases, including proceedings ex-contractu and
ex-delicto, except attachments, shall be by notice of motion as pro-
vided by section six thousand and forty-six of the Code. Attach-
ments shall be as is provided by chapter two hundred and sixty-nine of
the Code; provided that the laws and rules of practice now in force
or hereafter adopted to govern the practice of the circuit courts shall
apply to the county court, except as otherwise provided herein.

Section 5904-f. The county court shall be open for the transaction
of business every day in the year except Sundays and legal holidays,
but the justice shall be allowed annually a vacation period of not more
than one month. The justice shall by proper order of record, appoint
a substitute justice, a person with like qualifications as herein provided
for the justice, and may, at any time, revoke such appointment, and
make a new appointment. In the event of the inability of the county
court justice to perform the duties of his office by reason of sickness,
absence, vacation, interest in the claim, proceeding or parties or where
bias or prejudice on the part of the judge is shown in the same manner
as is provided for judges of the circuit courts, such substitute justice
shall perform the duties of the office during such absence or disability
and shall receive for his services a per diem compensation equivalent
to one-twentieth of a month’s installment of the salary of the county
court justice, payable out of the treasury of the county, the account for
such service to be approved by the circuit court. While acting as such,
the substitute justice shall have the powers and perform the duties of
the justice.

Section 5904-g. Neither the justice, substitute justice nor the clerk
shall receive any other compensation, either directly or indirectly, for
his services as such, except that provided for in this chapter of the
Code. Except the trial fee herein provided for, the costs in civil cases
shall be the same as are now provided by law for similar cases brought
in the circuit court. In addition to such costs on any notice of motion
or attachment, the clerk shall collect from the plaintiff a trial fee of
one dollar where the amount sued for does not exceed three hundred
dollars and a trial fee of two dollars and fifty cents where the value
of the claim sued on is in excess of three hundred dollars. The trial
fee shall be taxed as a part of the costs. All fees and costs, to which
the said justice may be entitled shall be paid monthly into the county
treasury, from the proceeds of which, insofar as possible, the salaries
of the judge and bailiff shall be paid. Any surplus shall belong to the
general county fund.

Section 5904-h. Where a county court is established in a county,
as provided by this chapter of the Code, all of the jurisdiction hereto-
fore conferred upon justices of the peace, trial justices and juvenile
and domestic relations justices is hereby transferred to and vested in
the county court. From the date the justice of such court qualifies,
the offices of justice of the peace, trial justice and juvenile and domestic
relations justice in such county shall cease and are abolished. There-
after no justice of the peace, trial justice or juvenile and domestic rela-
tions justice in such county shall further act as such, whether his or
their term or terms shall have expired or not; provided, however, that
no justice of the peace shall hereafter be elected in any county to which
this act is applicable except as provided herein.

Section 5904-i. The attorney for the Commonwealth shall be en-
titled to the same fees for prosecutions conducted in the county court
that he is entitled to for similar prosecutions heretofore conducted by
him in other courts, and it shall be the duty of the clerk to tax all
such fees as a part of the cost.