An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1948 |
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Law Number | 346 |
Subjects |
Law Body
Chap. 346.—An ACT to amend and reenact Sections 5904-a, 5904-b, 5904-e, and
f, as amended, of the Code of Virginia relating to trial justice courts
in certain counties. [H 403
Approved March 31, 1948
Be it enacted by the General Assembly of Virginia:
1. That sections fifty-nine hundred four-a, fifty-nine hundred four-b,
fifty-nine hundred four-e, and fifty-nine hundred four-f, as amended, of
the Code of Virginia, be amended and reenacted as follows:
Section 5904-a. In each county of this Commonwealth having a
population greater than two thousand inhabitants a square mile, as shown
by the last preceding United States census, there shall be chosen by the
qualified voters of the county, at the general election on the Tuesday
after the first Monday in November, nineteen hundred thirty-one, for
a period of four years, and every four years thereafter, a trial justice for
the county, who shall be known as the judge of the county court and
whose court shall be known as the county court, and who shall be a
resident and qualified voter of the county and a member of the bar
thereof. He shall hold office from the first day of January next succeed-
ing his election. Any vacancy occurring in the office shall be filled for
the unexpired term by the judge of the circuit court of the county. The
judge shall not practice law, within or without this State, during his
continuance in office and he shall receive an annual salary, payable in
monthly installments out of the county treasury, of five thousand dollars;
provided that on and after July first, nineteen hundred forty-eight, such
salary shall be increased to six thousand dollars.
Section 5904-b. Jurisdiction—Such county courts shall have ex-
clusive original jurisdiction for the trial of all prosecutions for misde-
meanors; for violation of county ordinances; and in all actions of a civil
nature, whether arising ex-contractu or ex-delicto, including proceedings
by attachment, actions in detinue and unlawful entry and detainer, other
than actions involving the title or boundary 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 judge 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, and provided that with the consent of all
parties the court shall at any time prior to trial order such removal
upon payment of costs and writ tax.
In all attachment cases, the proceedings shall be in conformity with the
applicable provisions of chapter two hundered and sixty-nine of the
Code of Virginia; and orders of publication may be awarded, published
and posted in accordance with the provisions of sections six thousand and
sixty-nine and six thousand and seventy of the Code. Any attachment
case in which real estate may be levied upon, or in any way involved,
shall be transferred from the county court to the circuit court of the
county for appropriate proceedings in such court.
The county court shall have exclusive original jurisdiction for the
trial and disposition of all misdemeanor violations of chapter four hun-
dred 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 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
senipstic 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 conditions
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, exclusive of interest
and costs, exceeds the sum of twenty dollars; provided that, any other
provisions of law to the contrary notwithstanding, on any appeal in a
civil case in lieu of giving bond the appellant may deposit with the
county clerk, who shall issue his official receipt therefor, such sum of
money as the judge estimates to be sufficient to discharge any judgment
that may be rendered by the circuit court on the trial of the appeal.
On motion after two days’ notice to the opposite party or his counsel
made within ten days from the date of judgment rendered the county
court shall have power to modify, vacate or suspend the judgment or
to grant a new trial. Should no appeal be perfected or motion made within
= days from the date of judgment rendered, the judgment shall be
1.
The county court, or the judge 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-e. . All prosecutions in the county court for misde-
meanors and for violations of county ordinances shall be by warrant
issued by the judge, associate judge or substitute judge, of the court
in the manner provided by chapter one hundred ninety-two of the Code.
All proceedings in civil cases, including proceedings ex-contractu and
ex-delicto except attachments and proceedings of unlawful entry and
detainer and actions in detinue shall be by notice of motion as provided
by section sixty hundred forty-six of the Code; provided that in civil
actions for the recovery of money when the amount sued for does not
exceed three hundred dollars exclusive of interest and cost the proceeding
may be by warrant issued by the justice or clerk, but no such warrant,
except with the consent of the parties, shall be tried within less than
five days after it is returned to the clerk’s office. All judgments for money
rendered by the county court shall be promptly docketed and indexed
by the county clerk in the current judgment lien docket in his office.
Attachments shall be as is provided by chapter two hundred sixty-nine
of the Code, unlawful entry and detainer by chapter two hundred twenty-
three of the Code, and actions in detinue by chapter two hundred thirty-
seven of the Code. Distress warrants and summons in detinue may be
issued by the clerk.
Garnishment proceedings may be instituted and conducted by the
county court, based upon executions issued on judgments for the prin-
cipal sum of not more than one thousand dollars, whether recovered in
the county court or in the circuit court.
The said court shall have power to continue cases for more than
ninety days, and to keep an inactive docket from which such cases
may be removed by either party and reinstated on the active docket
upon motion after five days’ notice to the adverse party or his counsel,
provided that after a case remains on the inactive docket for one year,
the court may dismiss the case upon five days’ notice to all parties or
their counsel.
The court shall have the power to make and enforce such reasonable
rules of practice as are not in conflict with law; provided that no such
rules shall be promulgated except by order duly entered in the order
book of the court and approved by the circuit court of the county or the
judge in vacation.
5904-f. The court shall be open for the transaction of business every
day in the year except Sundays and legal holidays, but the judge shall be
allowed annually a vacation period of not more than one month. The
judge shall by proper order entered of record, appoint a substitute, to be
known as associate judge, a person of like qualification as herein provided
for the judge, provided that he shall not practice law in the county court,
while holding such appointment, and the judge may at any time revoke
any such appointment and make a new appointment. The judge may,
in a like manner, and with like powers of revocation, appoint a second
substitute to be known as substitute judge. In the event of the inability
of the judge to perform his duties by reason of sickness, absence, vaca-
tion, interest in the matter in controversy, relationship to any party in
interest, or when bias or prejudice on the part of the judge is shown in
the same manner as is provided by law with reference to the judge of a
circuit court. The associate judge (and in his absence or disqualification
the substitute judge) shall perform the duties of the office during the
absence or disqualification of the judge. The associate judge shall receive
for his services a monthly compensation of one hundred and twenty-
five dollars, payable out of the county treasury. The substitute judge
shall, while so acting, receive for his services a per diem compensation
equivalent to one-twenty-fifth of a months salary of the judge of the
county court. While acting as such the associate judge, and the substitute
judge, shall have the same power and perform the same duties as the
judge.