Chap. 382.—An ACT to amend and re-enact sections 5904-b, 5904-c, 5904-e, 5904-f
and 5904-g of the Code of Virginia, which are in relation to county courts in
counties having a density of population in excess of 500 inhabitants per square
mile as shown by the last United States census; and to repeal section 5904-d of
said Code relating to said courts. [H B 414]

Approved March 28, 1932

1. Be it enacted by the general assembly of Virginia, That sections
fifty-nine hundred and four-b, fifty-nine hundred and four-c, fifty-nine
hundred and four-e, fifty-nine hundred and four-f and fifty-nine hun-
dred and four-g of the Code of Virginia be amended so as to read as
follows: |

— Section 5904-b. Jurisdiction—Such county courts shall have ex-
clusive original jurisdiction for the trial of all prosecutions for misde-
meanors; for violation of county ordinances; and in all actions of a
civil nature, whether arising ex-contractu or ex-delicto, including pro-
ceedings by attachments and unlawful entry and detainer, other iran
actions involving the title or boundary to real estate; shall have origi-
nal exclusive jurisdiction where the amount in controversy, exclusive
of interest and costs, does not exceed the sum of three hundred dollars,
and concurrent jurisdiction with the circuit courts of such counties,
where the amount in controversy in such cases, exclusive of interest
and costs, exceeds the sum of three hundred dollars, and does not ex-
ceed the sum of one thousand dollars; provided that where the juris-
diction is concurrent as herein provided, the justice shall, at any time
before trial, upon the application of the defendant, if made within ten
days of service of process upon him, and upon the payment by him of
the costs accrued and writ tax, remove the case, and all the papers
thereof, to the circuit court of such county, and the clerk of such court
shall forthwith docket the case.

The county court shall have exclusive original jurisdiction for the
trial and disposition of all misdemeanor violations of chapter four hun-
dred and seven of the Acts of nineteen hundred and twenty-four and
all amendments thereto and shall have the same power with reference
to the suspension of sentences that is vested in the circuit and corpora-
tion courts.

The county court shall have exclusive jurisdiction for the preliminary
examination of felony cases, with power to discharge or commit fot
trial as provided by sections forty-eight hundred and forty-two, forty-
eight hundred and forty-three, forty-eight hundred and forty-four,
forty-eight hundred and forty-five, forty-eight hundred and forty-six
and forty-eight hundred and forty-seven of the Code. The county
court shall also be the juvenile and domestic relations court of the
county vested with all the powers and duties imposed by law in such
cases on juvenile and domestic relations courts.

An appeal as of right to the circuit court shall lie from the judg-
ment of the county court in any misdemeanor case, prosecution for
violation of county ordinances, or civil case, upon the same terms and
conditions now provided by law for appeals from justices of the peace,
provided, that no appeal shall be allowed in a criminal or in a civil
case unless taken within ten days of the time of judgment rendered by
the county court and unless the amount in controversy in a civil case,
exclusive of interest and costs, exceeds the sum of twenty dollars.

On motion after two days notice to the opposite party or his counsel
made within ten days from the date of judgment rendered the county
court shall have power to modify, vacate or suspend the judgment or
to grant anew trial. Should no appeal be perfected or motion granted
within ten days from the date of judgment rendered, the judgment
shall be final.

The county court, or the justice thereof in vacation, shall have the
power to admit all persons charged with crime to bail unless bail shall
have theretofore been refused by the circuit court, or the judge thereof.

Section 5904-c. Clerk of court-——The county clerk shall be ex-
officio clerk of the county court, and shall receive the same fees pro-
vided by law for similar services allowed clerks of circuit courts and
justices of the peace, which compensation the clerk shall not be re-
quired to account for under section thirty-five hundred and sixteen of
the Code, provided, however that the clerk’s cost in any case shall not
exceed the following schedule: Principal amount involved, exclusive
of interest and costs, one hundred dollars or less, the sum of two dol-
lars ; principal amount in excess of one hundred dollars and not in ex-
cess of two hundred dollars, the sum of three dollars; in all cases
where the principal amount exceeds two hundred dollars, the sum of
three dollars and fifty cents.

All the duly qualified deputies of such clerk shall be deputy clerks
of such county court and shall have the same powers and authority
with respect to the duties of said clerk as they may lawfully possess or
exercise with respect to the duties of such clerk in the circuit court of
such county.

Section 5904-e. Warrants; notice of motion; attachment.—All
prosecutions in the county court for misdemeanors and for violations
of county ordinances shall be by warrant issued by the judge of said
court or by the clerk of said court in the manner provided by chapter
one hundred and ninety-two of the Code. All proceedings in civil
cases, including proceedings ex-contractu and ex-delicto except attach-
ments and proceedings of unlawful entry and detainer shall be by no-
tice of motion as provided by section sixty hundred and forty-six of
the Code. Attachments shall be as is provided by chapter two hundred
and sixty-nine of the Code, unlawful entry and detainer by chapter
two hundred and twenty-three of the Code.

The said court shall have the power to make and enforce such
reasonable rules of practice as are not in conflict with law; provided,
however, that such rules shall not be promulgated except by order duly
entered in the order book of said court and approved by the circuit
court of said county or the judge thereof in vacation.

Section 5904-f. When court open ; substitute justice—The county
court shall be open for the transaction of business every day in the
year except Sundays and legal holidays, but the justice shall be allowed
annually a vacation period of not more than one month. The justice
shall by proper order of record, appoint a substitute justice, a person
with like qualifications as herein provided for the justice, except that
such substitute justice shall not be disqualified to practice law, and
may, at any time, revoke such appointment, and make a new appoint-
ment. In the event of the inability of the county court justice to per-
form the duties of his office by reason of sickness, absence, vacation,
interest in the claim, proceedings or parties, or where bias or prejudice
on the part of the judge j is shown in the same manner as is provided
for judges of the circuit court, such substitute justice shall perform the
duties of the office during such absence or disability, and shall receive
for his services a per diem compensation equivalent to one-twentieth
of a month’s installment of the salary of the county court justice, pay-
able out of the treasury of the county, the account for such services to
be approved by the circuit court ; provided, however, that such substi-
tute trial justice shall not receive in excess of the sum of six hundred
dollars during any one year. While acting as such, the substitute jus-
tice shall have the powers and perform the duties of the justice.

Section 5904-2. Compensation and fees.—Neither the justice, sub-
stitute justice nor the clerk shall receive any other compensation, either
directly or indirectly for his services as such, except that provided
for in this chapter of the Code. The clerk shall collect from the plain-
tiff a trial fee of one dollar where the amount in controversy does not
exceed three hundred dollars and a trial fee of two dollars and fifty
cents where the amount in controversy is in excess of three hundred
dollars. The trial fee shall be taxed as part of the costs. All fees and
costs, to which the said justice may be entitled shall be paid monthly
into the county treasury, from the proceeds of which, insofar as possi-
ble, the salaries of the justice and substitute justice shall be paid. Any
surplus shall belong to the general county fund.

2. Section fifty-nine hundred and four-d is hereby repealed.

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