CHAPTER 531

An Act to amend and reenact § 16-128 of the Code of Virginia, relating
to continuance fees in certain courts; to amend the Code of Virginia
by adding three new sections numbered §§ 16-128.1, 16-128.2 and
16-128.8, relating to the filing and indexing of papers and fees there-
for, fees for issuing executions and for the filing of papers upon the
return thereof, and to fees for issuance of other papers, and authoriz-
ing the destroying of papers in certain civil cases; all such amended
and new sections relating to civil justice and police courts in cities
containing more than two hundred thousand population. rH 600]

Approved April 2, 1952

Be it enacted by the General Assembly of Virginia:

1. That § 16-128 of the Code of Virginia be amended and reenacted, and
that the Code of Virginia be amended by adding three new sections num-
bered 16-123.1, 16-123.2 and 16-123.3, as follows:

§ 16-123. Continuance fees in certain cities.—In cities containing *
more than two hundred thousand population, the party asking for
any continuance, except the first, of any warrant or other matter pend-
ing * in a civil justice * court, or any civil warrant or other civil pro-
ceeding in a police court, shall pay therefor a fee of twenty-five cents; but
such * fee shall not be taxed as a part of the costs. * Such continuance fee
shall be in addition to the trial fee required by § 16-122. All such fees
shall be accounted for by the clerk and paid into the city treasury at such
times and in such manner as the director of finance or other chief financial
officer of the city shall require.

§ 16-123.1. Filing and indexing fee and fee for execution and fee
for issuance of summons on motion of judgment in certain cities.—In
every civil case in which a civil justice or police court in a city containing
more than two hundred thousand population is given jurisdiction by Title
16 of the Code of Virginia or by the charter of such city, the plaintiff shall
pay twenty-five cents for the filing and indexing of the papers in the case.
If a judgment is rendered in any such case the plaintiff shall pay at the
time of such judgment an additional fifty cents for issuing the first
execution and twenty cents for filing the papers upon the return thereof.
For each additional or subsequent execution the plaintiff shall pay fifty
cents for issuing the execution and twenty cents for filing the papers
upon the return thereof and in such courts where motions for judgment
are permitted by law, the fee for issuance for the original summons and
one copy shall be fifty cents, and twenty-five cents for each additional
copy of such summons. Such fees shall be taxed as a part of the costs.
All fees so collected shall be accounted for by the clerk of the court and
paid into the city treasury at such times and in such manner as the
director of finance or other chief financial officer of the city shall require.
Nothing in this section nor in § 16-128.2 shall be construed to require the
clerks of such courts to docket and index executions as required of -lerks
of other courts by § 16-86.

§ 16-128.2. Disposition of papers in civil cases in certain cities.—
All papers connected with any of the proceedings in the trial of civil cases
in a civil justice or police court ina city containing more than two hundred
twenty-five thousand population, except such papers as may be removed
on appeal, shall be properly indexed and filed and preserved by the clerk
of such court.
§ 16-128.8. When papers in cases in courts of certain cities may be
destroyed.—The clerk of any civil justice or police court in a city contatn-
ing more than two hundred twenty-five thousand population may destroy
any papers connected with any of the proceedings in the trial of civil
cases in his court and filed and preserved in his office under the provisions
of § 16-128.2, if:

(1) Such case was dismissed without any adjudication of the merits
of the controversy, and the final order entered was one of dismissal and
five years have elapsed from the date of such dismissal; or

(2) Judgment was entered in such case but the right to issue an exe-
cution or bring a scire facias or an action on such judgment is barred by
§§ 8-896 and 8-897; and

(3) The destruction of papers as provided herein is authorized and
directed by an order of the judge of the court in which such papers are
filed and preserved, which order may apply to one or both of the above
classifications or to any group or kind of cases embraced therein.