Chap. 366.—An ACT to provide for the appointment of trial justice for every
county in this State which now has or may hereafter have an area of not
less than two hundred and ten, nor more than two hundred and fifty square
miles and having a density of population of not less than forty, nor more
than fifty-five inhabitants to the square mile. [H B 287]

Approved March 24, 1930 |
1. Be it enacted by the general assembly of Virginia, That in
every county in this State which now has or may hereafter have ar
area of not less than two hundred and ten nor more than two hundrec
and fifty square miles and having a density of population of not less
than forty nor more than fifty-five inhabitants to the square mile
there may be appointed in the manner and for a term hereinafter
prescribed, a trial justice for such counties.

2. That in such counties may be appointed by the circuit court
of said county, or the judge thereof in vacation, a trial justice Such
trial justice shall be a resident of the county for which appointed.
The term of the trial justice shall be four years. His appointment
shall be made for the term beginning September first, nineteen hundred
and thirty. Any vacancy in the office of trial justice shall be filled
for the unexpired term by the judge of the circuit court of said
county.

3. Before entering upon the performance of his duties, the trial jus-
tice shall take the oath required by law, and shall enter into bond in the
penalty of five hundred dollars before the circuit court of the county
or the clerk thereof, with surety to be approved by said court or
clerk and conditioned for the faithful performance of his duties.

4. The trial justice shall receive such salary as may be fixed
by the judge af the circuit court of the county, and the amount of
such salary may be increased or diminished from time to time in
the discretion of the judge of said court. Such salary shall be paid
in monthly installments, and he shall receive no other compensation
for his services as trial justice. Said salary shall be paid out of the
treasuries of the counties and any town or towns therein, and shall
each pay that portion of the salary of such trial justice which the
assessed valuation of the tangible property, real and personal, as-
sessed for local taxation in said county and town or towns respectively,
is of the total assessed valuation of such property in the entire county
and town for which he is trial justice. The trial justice shall charge
and collect all fees which justices of the peace for counties are author-
ized to collect and which have not been paid in advance; all fees in
criminal cases and matters, collected by said trial justice, except those
fees belonging to the issuing officers, shall be turned into the treasury
of the county or the treasury of the town or towns in which the
offense for which warrant issued was committed; and all fees in civil
cases and matters shall be turned into the treasury of the county or the
town wherein the defendant resides; and fines assessed for violation of
the ordinances of the town or county shall be turned into the treasury
of the town or county whose ordinance has been violated; and other
fines shall be turned over and accounted for as now provided by law
with respect to justices of the peace.

5. The jurisdiction of such trial justice shall be as follows:

(a) The trial justice shall be a conservator of the peace within the
limits of the county, including any town in such county and shall
have exclusive original jurisdiction for the trial of all offenses against
local laws and regulations of the county, and of ordinances of any
town in such county.

(b) In civil cases the jurisdiction of such trial justice shall be
the same within the limits of the county, including any town therein
as that which is now or may hereafter be vested in justices of the
peace. No justice of the peace or mayor shall, after appointment and
qualification of such trial justice, exercise such jurisdiction within
such county or any town therein as is herein conferred on said trial
justice. Nothing herein contained shall be construed to prevent jus-
tices of the peace or the mayor of any town in such county from issuing
attachments, and warrants in civil and criminal cases under general law,
returnable before said trial justice.

(c) In criminal cases the jurisdiction of such trial justice within
the limits of such county and town or towns shall be the same as that
which is now or may hereafter be vested by general law in justices
of the peace or mayors of incorporated towns, but nothing in this sec-
tion shall be construed to interfere with or abridge the rights of the
justices of the peace or mayor to issue warrants and subpoenas in
criminal cases, or to grant bail in any case as now exists, and to re-
ceive their fees therefor, but said warrants and subpoenas shall be
returnable before said trial justice for action thereon.. The said trial
justice shall have jurisdiction of all misdemeanors arising under the
prohibition laws of the Commonwealth. There shall be an appeal of
right to the circuit court as provided for by the general law with ref-
erence to appeals.

(d) All the provisions of law now in force or which may hereafter
be enacted governing preliminary examinations, granting of bail, pro-
cedure and appeals in criminal cases, relating to justices of the peace
or mayors of incorporated towns shall apply in like manner to the
trial justice appointed hereunder, and all provisions of law now in
force or which may hereafter be enacted governing procedure, re-
moval and appeals in civil cases relating to justices of the peace or
mayors of incorporated towns shall apply in like manner to the trial
justice appointed hereunder.

6. All process, civil and criminal, returnable before such trial
justice shall be made returnable before him at the county seat of such
county.

7. Said trial justice shall keep a docket in which shall be entered
all causes tried and prosecuted and all matters coming before him and
the final disposition of the same, together with an account of costs and
fines. The board of supervisors of such county shall provide suitable
quarters for the court of such trial justice at the county seat, and shall
provide necessary books and stationery and supplies, the costs of
which books, stationery and supplies shall be apportioned between such
county and any incorporated town or towns in such county as pro-
vided with respect to the apportionment of the salary of such trial
justice. Such books and supplies shall be kept by the trial justice
subject to the supervision of the circuit court of such county.
8. All papers connected with any of the proceedings before the
trial justice, except such as may relate to cases appealed or removed
or which by general law are required to be sooner returned to the
clerk’s office of the circuit court, shall remain in the office of the trial
justice for three years after final disposition by judgement or other-
wise by the trial justice, and executions and additional executions ir
such proceedings may be issued by the trial justice at any time during
such period of three years. At the end of such period, such papers
shall be returned to the clerk’s office of the circuit court of such
county, and shall be properly filed, indexed and preserved by the clerk
thereof who shall receive the same fees as are now allowed for re-
ceiving, filing and indexing like papers returned by justices of the
peace.

9. At or before the time of hearing on any claim mentioned in
sub-section (b) of section thirty-one hundred and two, the plaintiff
in such claim shall pay to the trial justice a trial fee of one dollar.
The trial fee shall be taxed as part of the costs. The trial justice
shall monthly pay to the treasurer of such county or the town or towns
all collection by him payable to such treasurers.

10. The trial justice shall have power to make and enforce such
reasonable rules of practice as are not in conflict with laws.

11. The circuit court of such county, or the judge thereof in
vacation, is hereby authorized and empowered from time to time
to adopt such reasonable rules and regulations as may be deemed nec-
essary to exercise general supervisory power over such trial justice for
the purpose of perfecting and enforcing any detail matter not other-
wise provided for herein.

12. The same person appointed trial justice hereunder may hold
he office of trial justice and judge of the juvenile and domestic
relations court for such county. .

13. All acts and parts of acts relating to the appointment and
jurisdiction of trial justices in Warren county are hereby repealed.