Chap. 255.—An ACT to amend and re-enact subsections 4 and 5 of section 4988
of the Code of Virginia, as amended, relating to trial justices. [H B 78]

Approved March 19, 1928

1. Be it enacted by the general assembly of Virginia, That subsec-
tions four and five of section forty-nine hundred and eighty-eight, of
the Code of Virginia, as amended, be amended and re-enacted so as
to read as follows:

Section 4988. (4) Such trial justice shall receive a salary of not
less than six hundred dollars per annum, nor more than twenty-five
hundred dollars per annum, to be fixed by the board of supervisors of
said county, to be paid in monthly installments out of the treasury of the
county ; and he shall receive no other compensation for his services as
trial justice. The trial justice shall charge and collect all fees, which
justices of the peace for counties are authorized to charge and collect,
and which have not been paid in advance, and all fees collected by
the said trial justice shall be turned into the county treasury, excepting
those fees belonging to the issuing officers, as provided herein ; provided,
however, that in any county in which there is an incorporated town or
towns, fines assessed by the trial justice for violation of town ordi-
nances shall be paid into the treasury of the town whose ordinance was
violated; and all fees accruing to such trial justice, in the trial of war-
rants issued by the mayor or police justice of any such town in his
jurisdiction, for any offense committed within the corporate limits of
such town, shall also be paid into the said town treasury.

The council, or other governing body, of any incorporated town
in any county having, or which may hereafter have such trial justice,
as is provided herein, shall contribute to the salary of said trial justice
in that proportion which the assessed valuation of the tangible property
assessed for local taxation in such town, bears to the total assessed
valuation of such property, assessed for local taxation in the entire
county, and provided further that the provisions of this act giving
jurisdiction to a trial justice cver incorporated towns in his county,
and providing for said towns to receive a part of his fees and con-
tribute to his salary as aforesaid shall not be effective until and unless
the same shall be first agreed to by resolutions adopted by the council
or councils of said town or towns and the board of supervisors of the
county in which said town or towns are located.

5. Jurisdiction of such trial justice shall be as follows:

(a) The said trial justices shall be conservators of the peace
within the limits of their county or counties or corporations and shall
have exclusive original jurisdiction for the trial of all offenses against
local laws and regulations of said county or ordinances of cities and
incorporated towns for which they are appointed.

(b) The said trial justice shall have jurisdiction in all civil matters
now cognizable by justices of the peace for the county, and shall in
addition thereto, have concurrent jurisdiction with the circuit court in
all civil matters where the claim does not exceed the sum of three hun-
dred dollars (exclusive of interest), and shall have jurisdiction of all
matters and things mentioned in subsection five of section nineteen hun-
dred and fifty-three of the Code of Virginia, after appointment of such
trial justice. No other justice of the peace, mayor or juvenile judge in
said counties shall hereafter exercise such jurisdiction as is herein
conferred on said trial justices except as provided herein.

Nothing herein contained shall be construed to prevent justices of
the peace from issuing attachments, and warrants in civil and criminal
cases under general law, nor to prevent mayors of towns from hearing
and determining violations of town ordinances.

(c) The said trial justice shall also have jurisdiction to try and
decide attachment cases where the amount of plaintiff’s claim does not
exceed the general jurisdiction of said trial justice and the proceed-
ings on any such attachment shall conform to the provisions of
chapter two hundred and sixty-nine of the Code of nineteen hundred
and nineteen; save when an attachment other than under section sixty-
four hundred and sixteen is returned executed, and the defendant has
not been served with a copy thereof, the said trial justice, upon afhdavit
in conformity with section sixty-two hundred and sixty-nine of the
Code of nineteen hundred and nineteen, shall forthwith cause to be
posted at the front door of the courthouse a copy of said attachment.
and shall file a certificate of the fact with the papers in the case, and
in addition to the said posting the plaintiff, in the said attachment, or
his attorney, shall give to the trial justice the last known address or
abode of the said defendant, verified by affidavit and the said trial
justice shall forthwith mail a copy of the said attachment to the said
defendant, at his or her, last known address, or place of abode; or, if
said defendant be a corporation at its last known address, and the mail-
ing of the said copy as aforesaid shall be certified by the said trial
justice in writing, and such certificate shall be filed with the papers in
the case, and after the said copy of attachment has been so posted and
mailed, as aforesaid, for fifteen days, the said trial justice may proceed
to try and decide the said attachment.

(d) The trial justice shall have in criminal cases the same jurisdic-
tion for their respective counties as is now or may hereafter be vested
by general law in the police justices of cities, but nothing in this section
shall be construed to interfere with or abridge the rights of the justices
of the peace and mayors to issue warrants and subpoenas in criminal
cases, or to grant bail in any case as now exists, and to receive their
tees therefor, but said warrants and subpoenas shall be returnable
hetore said trial justice for action thereon. The said trial justice shall
have jurisdiction of all misdemeanors arising under the prohibition
laws of the Commonwealth. With an appeal of right to the circuit
court as provided for by the general law with reference to appeals.