Chap. 390.—An ACT to provide for the appointment of an official reporter for
the thirty-first judicial circuit and prescribing his powers and duties.
[S B 383]
Approved March 22, 1928

1. Be it enacted by the general assembly of Virginia, That the
judge of the thirty-first judicial circuit may appoint for his courts an
official court reporter who shall be fully capable of taking shorthand
notes of testimony and transcribing the same. Before entering upon
the performance of his duties such reporter shall qualify by taking
and subscribing in open court, an oath that he will faithfully discharge
the duties of the office, and shall give bond in a penalty of not less than
two thousand dollars, to be approved by the court, conditioned upon
the faithful discharge of his duties. The reporter when appointed and
qualified as herein required shall thereby become an officer of the
said courts and shall hold office during the will and pleasure of the
judge of said courts.

2. The reporter shall reside in said circuit and shall attend all ses-
sions of the courts for which he is appointed, unless excused by the
judge, from day to day, and shall take, under control of the court,
stenographic notes of all oral evidence and proceedings, except argu-
ment of counsel, in each case, civil or criminal, tried thereupon upon
an issue of fact that the judge may direct after conferring with coun-
sel for both sides. Such reporter shall carefully note the order in
which the evidence, both oral and written, is introduced and by whom
it is introduced, giving the name of each witness and identifying de-
positions, exhibits, maps or other items of evidence or matter of pro-
ceedings by words or figures and shall carefully note all rulings of the
court and objections and exceptions of counsel made during the trial
in the order in which the same occur and upon the demand of either
party to any case he shall within thirty days from the conclusion of
the trial thereof and from the time of the demand, if made after the
trial if a longer time be not granted by the judge, file two complete
typewritten copies of the stenographic notes as taken therein with
caption showing the style of the case and the court in which the case
was tried, in the office of the clerk of the court thereof, for which he
may charge the party ordering the same forty cents per page for the
original and ten cents per page for the carbon copy, which certified
copy when certified by the clerk of said court shall be prima facie a
correct statement of the testimony and proceedings in the case, and
he shall preserve the stenographic notes in each case in which an appeal
is taken as a record of his office. In making up a transcript of the
record in the case the clerk shall not be entitled to any fee for that
part of the record wherein the testimony or proceedings are transcribed
and certified by the official reporter which shall be used in said record
except for certifying the same.

Every reporter under this act shall receive an annual salary of
twenty-five hundred dollars and the said salary shall be apportioned
and paid by the counties of the judicial circuit in proportion to their
taxable values. The clerk of the court shall collect in each case in
which the reporter reports the usual fees charged for such service,
the same to be taxed as a part of the costs and said clerk shall keep
an accurate account of all fees so collected and pay the same into the
treasury of the county in which such service was rendered.
4. If such reporter wilfully neglects to perform any duty required
of him he shall be deemed guilty of a misdemeanor and upon convic-
tion shall be fined not exceeding one thousand dollars and in addition
thereto he shall be liable on his bond to the party injured for all dam-
ages which may be sustained by reason of his neglect of duty.

5. All acts or parts of acts in conflict with this act are to that extent
hereby repealed.