CHAPTER 295

AN ACT to amend and reenact § 16.1-115 of the Code of Virginia, relating
to disposition of certain papers in courts not of record.
[S 72]

Approved March 12, 1958

Be it enacted by the General Assembly of Virginia:

1. That § 16.1-115 of the Code of Virginia be amended and reenacted
as follows:

§ 16.1-115. All papers connected with any civil action or proceeding
in a court not of record, except those in actions or proceedings (1) in which
no service of process is had, (2) which are removed or appealed, and (3)
in which the papers are required by law to be sooner returned to the
clerk’s office of a court of record, shall be disposed of as follows:

(1) If in a county court, they shall be retained for six months after
the action or proceeding is concluded, and at the end of such period they
shall be delivered to the clerk of the circuit court where they shall be
properly filed, indexed and preserved, for which filing and indexing such
clerk shall receive a fee of twenty-five cents which shall be paid by the
plaintiff as a part of the costs and transmitted to the clerk of the circuit
court with the papers.
(2) If in a county court of a county adjoining a city having a
population in excess of two hundred * thousand, and if in a municipal court
of a city having a population in excess of two hundred thirty thousand,
they shall be properly indexed, filed and preserved in such court.

(2a) If ina municipal court of a city having a population of more than
seventy-five thousand but less than one hundred twenty-five thousand and
such city was incorporated prior to nineteen hundred fifty, they shall be
properly indexed, filed and preserved in such court.

(3) If in a municipal court of a city or town which has combined
with a county for the joint operation of their courts, they shall be re-
tained for the same period prescribed herein for county courts, after
which they shall be delivered to the corporation court, if any, of the city,
otherwise to the court of record having jurisdiction therein, for filing,
indexing and preservation, for which filing and indexing such clerk shall
receive a fee of twenty-five cents which shall be paid and transmitted to
him Jn provided in paragraph (1) hereof with respect to clerks of circuit
courts.

(4) If in any other municipal court, they shall be disposed of as
provided by charter, but if there be no applicable charter provisions, then
they shall be properly indexed, filed and preserved in the corporation, cir-
cuit or hustings * court of record for such city, and the clerk thereof shall
appa a fee of twenty-five cents for such filing to be taxed as a part of
the costs.

If in the County Court of Hanover County, they shall be properly in-
dexed, filed and preserved in such Court.

All filing fees provided for herein shall be taxed as a part of the costs.
The papers in actions or proceedings in which no service of process is had
shall be preserved for a period of three months, after which they may, in
the discretion of the judge of the court, be destroyed.