Chap. 76.—An ACT to amend and re-enact Sections 3378, as heretofore amended,
3379, as heretofore amended, 3380, 3381, as heretofore amended, 3383, as
heretofore amended, 3384, 3385, 3465, as heretofore amended, 3486, as here-
tofore amended, 5862, 5863, 5866, 5874, 5883, 6337, as heretofore amended,
6350, 6355, as heretofore amended, 6357, as heretofore amended, 6358, as
heretofore amended, 6360, 6370, and 6371, as heretofore amended, of the Code
of Virginia, relating to the Supreme Court of Appeals, its clerks and em-
ployees, its jurisdiction and work, and the practice and procedure therein,
and to repeal Sections 4936, 5867, as heretofore amended, 5868, 5869, as
heretofore amended, 5871, as heretofore amended, 6361, and 6362 of the Code
of Virginia. [IS B 31]

Approved March 8, 1938

1. Be it enacted by the General Assembly of Virginia, That sec-
tions thirty-three hundred and seventy-eight, as heretotore amended,
thirty-three hundred and seventy-nine, as heretofore amended, thirty-
three hundred and eighty, thirty-three hundred and eighty-one, as
heretofore amended, thirty-three hundred and eighty-three, as hereto-
fore amended, thirty-three hundred and eighty-four, thirty-three hun-
dred and eighty-five, thirty-four hundred and sixty-five, as heretofore
amended, thirty-four hundred and eighty-six, as heretofore amended,
fifty-eight hundred and sixty-two, fifty-eight hundred and sixty-three,
fifty-eight hundred and sixty-six, fifty-eight hundred and seventy-four,
fifty-eight hundred and eighty-three, sixty-three hundred and thirty-
seven, as heretofore amended, sixty-three hundred and fifty, sixty-three
hundred and fifty-five, as heretofore amended, sixty-three hundred and
fifty-seven, as heretofore amended, sixty-three hundred and fifty-eight,
as heretofore amended, sixty-three hundred and sixty, sixty-three hun-
dred and seventy, and sixty-three hundred and seventy-one, as hereto-
fore amended, of the Code of Virginia, be amended and re-enacted so
as to read as follows:

Section 3378. Clerk of Supreme Court of Appeals; His Term;
Removal.—There shall be a clerk of the Supreme Court of Appeals,
who shall be appointed, and may at any time be removed from office,
by the court. The clerk shall hold office at the pleasure of the court,
and shall, in addition to his regular duties as clerk, perform such other
duties and services as the court may require, without additional com-
pensation therefor.

Section 3379. Appointment of Deputies; Their Duties; How Re-
moved, Et Cetera.~—The Supreme Court of Appeals, or any four of the
judges thereof in vacation concurring in the appointment, may appoint
one or more deputy clerks, who may discharge any of the official duties
of the clerk during their continuance in office, unless it be some duty
the performance of which by a deputy is expressly forbidden by law.
Any deputy clerk may be removed from office either by the court, or
by any four of the judges thereof in vacation. Any such appointment,
or removal, in vacation shall be in writing and shall be recorded in
the book wherein the proceedings of the court are recorded.

Section 3380. Clerk, Deputy Clerks and Employees of Supreme
Court of Appeals Not to Act as Counsel—No clerk, deputy clerk or
employee of the Supreme Court of Appeals shall act as counsel in any
case pending in said court, or which may be taken to the same by
appeal, or otherwise. Any clerk, deputy clerk, or employee violating
this section shall be removed from office or employment, as the case
may be, in the manner provided in section thirty-three hundred and
seventy-nine.

Section 3381. How Vacancy in Office Filled—When the office of
clerk or deputy clerk of the said court is vacant, vacancy may be filled
by the court, or in vacation by any four of its judges concurring in the
appointment. The appointment in vacation shall be in writing and shall
be recorded in the book wherein the proceedings of the court are re-
corded.

Section 3383. Examination of Clerk’s Office-——(a) Before any
vacancy, existing or to occur in the office of clerk of a circuit court of
a county, or circuit, corporation or other court of a city shall be filled,
the court, or the judge thereof in vacation, shall, and at any other time
may, appoint two or more persons to examine the clerk’s office. They
shall examine the office books, and the conditions of the records and
papers in the office, and report whether the clerk has faithfully dis-
charged his duties. The court may allow each person making such
examination not exceeding five dollars per day, which shall be charge-
able on such county or city.

(b) The Supreme Court of Appeals, or any four of the judges
thereof in vacation, shall in like manner cause to be examined the clerk’s
office of said court, and the expense thereof shall be paid out of the
treasury. The books and accounts of the clerk of the Supreme Court of
Appeals shall be audited annually, and at such other times as the said
court may deem proper, by the Auditor of Public Accounts who shall
make report of his findings to the Governor and file a copy of such
report with the said court within thirty days after the completion of
any such audit.

Section 3384. Bonds of Clerk and Deputy Clerks of Supreme
Court of Appeals; Where Recorded.—The Supreme Court of Appeals
shall require annually of its clerk and of each deputy clerk a bond,
with surety approved by the court, in the penalty of not less than
three nor more than ten thousand dollars.. If the clerk or any deputy
clerk be appointed in vacation, the bond may be taken and the surety
approved by the judges making the appointment. Every such clerk
and deputy clerk shall, within ten days after the execution of his bond,
or of any new or additional bond which may be required of him, file
the same with the Comptroller. Any clerk or deputy clerk who fails
to do what is required of him by this section shall be fined not less
than fifty nor more than one hundred dollars.

Section 3385. Where Clerk’s Offices to Be Kept.—(a) The clerk
of the Supreme Court of Appeals shall maintain a clerk’s office at
Richmond, at such place as the court shall direct; he shall also main-
tain a clerk’s office at Staunton and another at Wytheville, unless the
court shall direct otherwise.

(b) The clerk’s office of every circuit court of any county, or
circuit, corporation or other court of any city, shall be kept at the court-
house of such county or city, unless there shall have been a failure by
the proper authorities to provide such office there, in which case the
clerk’s office may be kept at such other place within the county or city
as the court may direct.

Section 3465. Clerk, Deputy Clerks and Reporter of the Supreme
Court of Appeals; Clerk of the Circuit Court of the City of Rich-
mond.—(a) The clerk of the Supreme Court of Appeals shall receive
an annual salary in such amount as shall be provided by law. Each
deputy clerk of the said court shall receive an annual salary, the amount
of which shall be fixed by the court at not to exceed the amount appro-
priated.for such purpose. The salaries prescribed in this section for the
clerk and deputy clerks of the Supreme Court of Appeals shall be the
entire compensation for all services rendered by them, respectively,
and shall be in lieu of any and all fees and other emoluments of their
offices, prescribed by any other statutes or acts; but the clerk. of the
court may, with the consent of the said court, act as secretary and
treasurer of the Board of Law Examiners and receive the compen-
sation allowed therefor. A reasonable sum, or sums, shall be allowed
for the necessary expenses of maintaining the offices of the said clerk,
which sum, or sums, shall be expended only upon the orders of the
court. :

(b) The reporter of the Supreme Court of Appeals shall receive
an annual salary of thirty-five hundred dollars per annum.

(c) The clerk of the circuit court of the city of Richmond shall
receive from the Commonwealth an annual salary of fifteen hundred
dollars per annum.

Section 3486. Clerk of Supreme Court of Appeals; To Whom
Cost of Printing Record is Charged; When Case Dismissed rf Cost
of Printing Not Paid; Amount Taxed for Printing to be Paid Into
Treasury.—The clerk of the Supreme Court of Appeals shall charge
the same fees as a clerk of a circuit court for similar services. In
every case wherein printing is done under section sixty-three hundred
and fifty-seven, the clerk of the Supreme Court of Appeals shall charge
in such cases, to the appellants or plaintiffs in error, the actual cost
of printing the record, plus ten cents per page for each printed page
thereof, which shall be paid, or be secured to be paid to the clerk be-
fore the printing is done. As soon as the case is docketed after the
appeal, writ of error, or supersedeas is allowed, the clerk of the said
court shall notify the appellant, or his counsel, of record, of the amount
of such costs, and if the same is not paid within thirty days from the
date of such notice the case shall be dismissed, which costs so paid, or
secured to be paid, shall be recovered and paid by the parties respec-
tively, as the court shall direct. When a case is decided by the Su-
preme Court of Appeals the clerk shall furnish two copies of the
opinion rendered by the court thereon, one to counsel on each side of
the case, without making any charge therefor. The clerk shall keep
an accurate account of all fees and costs collected by him and shall
make monthly remittances thereof to the State Treasurer, transmitting
with each remittance a detailed statement showing each and every item
covered thereby. All such fees and costs shall be credited by the
Comptroller to the general fund of the State treasury.

Section 5862. Composition of Court; Quorum; Title of Judges;
Chief Justice; Jurisdiction—-The Supreme Court of Appeals shall con-
sist of seven judges, any four of whom convened shall form a quorum.
Each of the judges shall have the title of justice. The judge longest
in continuous service shall be chief justice; and if two or more shall
have so served for the same period, the senior in years of these shall
be chief justice.

The judges may sit in bank, or in two divisions, consisting of not
less than three judges each, as the court may, from time to time,
determine. In case the court shall sit in divisions, each of such divi-
sions shall have the full power and authority of said court in the
determination of causes, the issuing of writs, and the exercise of all
powers authorized by the Constitution, or provided by law, subject to
the general control of the court sitting in bank, and such rules and
regulations as the court may make; but no decision of any division
shall become the judgment of the court unless concurred in by at least
three judges; and no case involving a construction of the Constitution
of this State or of the United States, shall be decided except by the
court in bank and the assent of at least four of the judges shall be
required for the court to determine that any law is or is not repugnant
to the Constitution of this State or of the United States; and if, in a
case involving the constitutionality of any such law, not more than three
of the judges sitting agree in opinion on the constitutional questions
involved, and the case cannot be determined without passing on such
questions, no decision shall be rendered therein, but the case shall be
reheard by a full court; and in no case where the jurisdiction of the
court depends solely upon the fact that the constitutionality of a law
is mvolved, shall the court decide the case upon its merits, unless the
contention of the appellant upon the constitutional question be sus-
tained. In event the judges composing any division shall differ as to
the judgment to be rendered in any cause, or in event any judge of
either division, within a time and in a manner to be fixed by the rules
to be adopted by the court, shall certify that in his opinion any decision
of any division of the court is in conflict with any prior decision of
the court, or of any division thereof, the cause shall then be considered
and adjudged by the full court, or a quorum thereof.

Section 5863. When Chief Justice Absent, Who Presides——In the
absence of the chief justice, the judge longest in continuous service
present shall be the presiding judge; and if two or-more shall have
served for the same period, the senior in years of these present shall
be the presiding judge.

Section 5866. Terms and Sessions——The said court shall hold one
term annually, commencing on the first Monday in October, and con-
tinuing for such length of time as the court may determine. Sessions
of the court shall be held at Richmond, Staunton and Wytheville com-
mencing at such times and continuing for such periods as the court
may from time to time direct.

Section 5874. Its Clerk—The clerk of the Supreme Court of
Appeals shall, in person or by deputy, attend the special court of
appeals, with the records and papers in the case which it is to hear and
determine, and act as its clerk.

Section 5883. Clerk to Deliver Opinions to Him.—In those cases
which the reporter is directed to report, copies of the reasons stated in
writing, under section ninety of the Constitution shall be delivered by
the clerk of the court to the reporter.

Section 6337. When Prohibited—No petition shall be presented
for an appeal from, or writ of error or supersedeas to, any final judg-
ment, decree, or order, whether the Commonwealth be a party or not,
which shall have been rendered more than four months before the
petition is presented, or if it be an appeal from a final order, judgment
or finding of the State Corporation Commission which shall have been
rendered more than four months before the petition is presented, or
if it be an appeal from a final award of the Industrial Commission the
petition be not presented within the time provided by section sixty-one
of the Virginia Workmen’s Compensation Act; nor to any judgment
of a circuit or corporation court, which is rendered on an appeal from
a judgment of a justice, except in cases where the controversy is for
a matter three hundred dollars or more in value or amount, and except
in cases where it is otherwise expressly provided; nor to a judgment,
decree, or order of any court when the controversy is for a matter
less in value or amount than three hundred dollars, exclusive of costs,
unless there be drawn in question a freehold or franchise or the title
or bounds of land, or the action of the State Corporation Commission
or some matter not merely pecuniary; provided, however, that if the
final decree from which an appeal is asked is a decree refusing a bill
of review, to a decree rendered more than four months prior thereto,
no appeal from or supersedeas to such decree so refusing a bill of
review shall be allowed unless the petition be presented within three
months from the date of such decree. |

Section 6350. Docket of Appeals, Writs of Error, or Supersedeas ;
What Process to Issue; Order in Which Cases Heard; Notice of Hear-
ing.—Unless otherwise provided by law, every appeal, writ of error,
or supersedeas shall be docketed in and heard and determined by the
Supreme Court of Appeals in the order in which the causes are ma-
tured; but the court may for cause hear and determine cases out of
turn. The clerk of the said court shall issue a summons against the
parties interested, other than the petitioners, that they may be heard,
and also issue any supersedeas which may be awarded. Where the
Commonwealth is defendant in error, process shall be served on the
Attorney General. The said clerk shall give to the interested parties or
their attorneys ample notice, which in no event shall be less than fifteen
days, of the place and approximate time of hearing of each cause.

Section 6355. Limitations of Appeals, Writs of Error, or Super-
sedeas.—No process shall issue upon an appeal, writ of error, or super-
sedeas, allowed to or from a final judgment, decree, or order of any
court or upon an appeal, writ of error, or supersedeas allowed to a final
judgment, order or finding of the State Corporation Commission, if
when the record with the petition required by law, is delivered to the
clerk of the Appellate Court there shall have elapsed four months since
the date of such final judgment, decree, order or finding, or three months
if the decree appealed from was a decree refusing a bill of review to
a final decree rendered more than four months prior thereto.

No process shall issue upon an appeal allowed to a final award of
the Industrial Commission of Virginia, if when the record, with the
petition required by law, is delivered to the clerk of the Appellate
Court, there shall have elapsed thirty days since the date of such final
award or receipt of notice of such award, as the case may be.
The appeal, writ of. error or supersedeas shall be dismissed, when-
ever it appears that four months, three months, or thirty days, as the
case may be, has elapsed since the date of the said final judgment,
decree, order, finding or award, before the record, with the said peti-
tion, is delivered to such clerk, or four months and fifteen days, three
months and fifteen days, or sixty days, as the case may be, shall have
elapsed before such bond is given as is required to be given before an
appeal, writ of error, or supersedeas takes effect; provided that the
time which shall elapse from the presentation to a judge or to the
court or the filing with the clerk in vacation or in term to be by him
delivered to a judge of a petition for an appeal, writ of error, or
supersedeas and the delivery of the record, with the petition required
by law, to the clerk of the Appellate Court by the judge granting the
same, or the court as aforesaid shall be excluded from the computation
of the said period of four months and fifteen days, three months and
fifteen days, and sixty days, respectively.

Section 6357. In Case to be Heard by Court of Appeals, How
Clerk Thereof to Prepare Record: What to be Printed and How;
How Printed Copies Distributed and Cost of Printing Paid; Sub-
stitute for Printed Record; What May be Omitted From Record.—In
every case docketed in the Supreme Court of Appeals the clerk of the
court, shall make a table of contents to the whole record. Of the
petition, so much of the record as the counsel for any party interested
or the court may direct, and the table of contents, the clerk shall cause
twenty-five copies to be printed, unless a larger number be ordered
by the court preserving in the margin of the printed record the paging
of the record from the court below, which shall be used in printing and
returned to the clerk’s office. The clerk shall take care that printing be
properly done. Of the copies printed, he shall deliver one to each
judge, two to each of counsel on each side, retain one in his office,
transmit one to the clerk of the court below (in which the case was
originally decided), and deliver one copy to the reporter. The cost
of the printing after being allowed by the court, shall be paid out of
the treasury. Provided, however, if the appellant is financially unable
and makes affidavit thereof the same to be approved by the trial court
or judge thereof in vacation and certified to the clerk of the Supreme
Court of Appeals then in such case the filing with the clerk of the
appellate court of ten neatly typewritten, multigraphed, mimeographed,
photostatic or carbon copies of the record upon sheets of paper of a
uniform size to be prescribed by said court, duly certified by the clerk
of the court from which the appeal is taken, shall be considered a
sufficient substitute for printing such record. In copying the pleadings
and evidence, all formal parts thereof, such as caption, adjournments,
and exceptions taken by counsel (except where expressly relied upon
in the trial court and made a ground of error) may be omitted from
the transcript; and the original exhibits filed with the pleadings or with
the evidence taken in the cause, instead of being copied into the record
shall, if requested by counsel of any interested party be certified and
forwarded to the clerk of the Supreme Court of Appeals, and may
be used at the hearing on appeal with the same effect as in the cour
below. Upon the final disposition of the cause the clerk of the Supreme
Court shall return said exhibits back to the trial court.

Section 6358. Clerk to Advertise for Bids for Printing.—The
clerk of the Supreme Court of Appeals, shall annually in the montt
of June, solicit proposals by advertising in some convenient newspape!
or newspapers, for the printing, for one year, required by the preceding
section to be done.

Section 6360. How the Contracts Awarded; The Bond Required |
How Cost of Printing Certified and Paid.—The clerk shall award the
contract to the lowest responsible bidder and take from him bond, witt
ample surety, in a penalty equal to double the cost of the work to be
executed, to be ascertained by the cost of the work of the preceding
year, and with condition for the faithful performance of such contract.
The accounts for such printing shall be certified by the clerk and paid
out of the public treasury.

Section 6370. Order Books, Dockets, etc., of District Courts, to
Remain in Custody of Clerk of Court of Appeals; Their Duties in
Respect Thereto; How printed and Manuscript Orders Disposed Of,
Et Cetera——The order books, dockets, and other office books belonging
to the several district courts, shall remain in the custody of the clerk
of the Supreme Court of Appeals. The said clerk shal] furnish trans-
cripts of the records and proceedings of the said district courts when
required, and perform all other duties in respect to records and pro-
ceedings of the said district courts as might have been performed by
the clerks of the said district courts if the said courts had continued to
exist. All printed and manuscript orders, and other papers pertaining
to cases decided in the said district courts, shall remain in the custody
of the clerks of the circuit courts at the several places where the said
district courts held their sessions, who shall be charged with the same
duties in respect to said records and papers as might have been per-
formed by the clerks of the said district courts respectively, if said
courts had continued to exist, and who shall receive for any such service
fees similar to those charged by the clerks of district courts of such
Services.

Section 6371. Court of Appeals to Direct the Clerks of the Court
to Destroy Manuscript Records: Binding of Printed Records With
Briefs of Counsel—The Supreme Court of Appeals may, whenever
in. its opinion it shall be necessary to relieve the clerk’s offices, direct
its clerk to destroy the manuscript of records in cases where the records
ave been printed, and which have been decided for two years, and in
cases in which writs of error or appeals have been refused for more
han ten years, provided that no manuscript shall be destroyed in a
‘ase in which an opinion was delivered by the court upon refusal of
he appeal or writ. The clerk of the said court shall, as soon as a
ase is decided, cause the printed record in the case to be bound, along
vith the briefs of counsel, in the same manner that Acts of Assembly
ire bound; and the clerk of the said court shall. when he ecllecte this

rit tax in each case, collect of appellant, or plaintiff in error, as the
ise may be, a fee of fifty cents to pay the cost of such binding.

2. Be it further enacted by the General Assembly of Virginia,
‘hat sections forty-nine hundred and thirty-six, fifty-eight hundred
nd sixty-seven, as heretofore amended, fifty-eight hundred and sixty-
ight, fifty-eight hundred and sixty-nine, as heretofore amended, fifty-
ight hundred and seventy-one, as heretofore amended, sixty-three
undred and sixty-one, and sixty-three hundred and sixty-two, of the
‘ode of Virginia, be, and the same are hereby, repealed.