Chap. 7.—An ACT to amend and re-enact Section 4987-g of the Code of
Virginia, relating to trial justices and clerks of trial justice courts. [S B 9]

Approved December 24, 1936

1. Be it enacted by the General Assembly of Virginia, That section
forty-nine hundred and eighty-seven-g of the Code of Virginia, be
amended and re-enacted so as to read as follows:

Section 4987-g. Appointment of clerks; powers and duties; com-
pensation; disposition of fees collected—Any trial justice may appoint
a clerk who shall be designated in process issued by him as clerk
of the trial justice court. and who shall hold office at the pleasure of
such trial justice, and shall receive such salary as may be fixed as
hereinafter provided, but, except in counties where such clerk has
already been appointed, no such appointment shall be made by any
trial justice until the board of supervisors or boards of supervisors
for the county or counties and/or council or councils of the cities for
which he has been appointed shall authorize the appointment of a
clerk and shall fix the salary of such clerk. In counties where a clerk
has been appointed, such clerk shall continue in office at the pleasure
of the trial justice, as if appointed hereunder, and receive the salary
now fixed, except as the same may be changed by the board or boards
of supervisors for the county or counties for which he has beer
appointed or if clerk for one or more counties and a city, by the
board or boards of supervisors and council thereof ; provided, however
that in any county adjoining a city having a population of one hundrec
and seventy thousand or more, as shown by the United States censu:
of nineteen hundred and thirty, the salary of the clerk shall not be les:
than eighteen hundred dollars per annum, nor more than twenty-four
hundred dollars per annum. The salary of the clerk shall be paic
out of the treasury of the county or counties or city, for which suct
trial justice is appointed by agreement, or in the proportion providec
in section forty-nine hundred and eighty-seven-e, with respect to the
payment of the salary of the trial justice for whom he is clerk.

Such clerk shall be a conservator of the peace within the territory
for which the trial justice for whom he is clerk was appointed and
may within the jurisdiction, territorial and otherwise, of such tria!
justice, issue warrants and processes original, mesne and final, both
civil and criminal, issue abstracts of judgments and subpoenas for
witnesses, and grant bail in misdemeanor cases. He shall have authority
to take affidavits and administer oaths and affirmations, but shall have
no authority to take depositions, or to take acknowledgments to deeds
or other writings for purposes of recordation. Such clerk shall keep
the docket and accounts for such trial justice and shall discharge such
other duties as may be prescribed by the trial justice. The clerk shall
be allowed annually a vacation period of two weeks with pay.

Notwithstanding any other provision of this act to the contrary,
in any county adjoining a city having a population of one hundred
and seventy thousand or more, as shown by the United States census
of nineteen hundred and thirty, such clerk shall issue all civil warrants
and other civil process returnable before the trial justice, and no such
warrants, or other process above mentioned shall hereafter be issued
by any other officer; except that where the plaintiff in a civil warrant
is a resident of such county but neither resides nor has an office or
regular place of business within ten miles of the county seat, such
civil warrant and subpoenas for witnesses thereunder may be issued
by any justice of the peace of such county.

In the event of disability of such clerk to perform the duties of his
office, by reason of sickness, absence, vacation or otherwise, the trial
justice may appoint a substitute clerk who, having qualified and given
bond as required of the clerk hereunder shall perform all the duties
of the office during such disability, and shall receive for his services
a per diem compensation equivalent to one-twenty-fifth of a monthly
installment of the salary of the clerk, payable as is herein provided for
payment of the salary of the clerk, which, in the discretion of the board
of supervisors of the county, may be deducted from the salary of the
clerk, except that no deduction shall be made on account of absence
during the vacation period of two weeks herein provided. While acting
is such, the clerk or substitute clerk may perform all acts with
reference to proceedings or duties of the other in the same manner and
with the same effect as if they were his own.

Such clerk or substitute clerk shall receive no compensation for his
services other than the salary above provided. They shall deliver all
ees collected by them to the trial justice for distribution in the same
manner as provided for other fees collected by the trial justice.

An emergency existing, this act shall be in force from its passage.