Chap. 276.—An ACT to amend and re-enact sections 368, 3378, 3379, 3381 and
3383 of the Code of Virginia; to amend and re-enact sections 3465 and 3486
of the Code of Virginia, as heretofore amended; and to repeal section 3382
of the Code of Virginia; said sections relating to the tenure of office, duties
and compensation of clerks of the Supreme Court of Appeals, auditing the
accounts of such clerks, collection and remittances of fees and costs by them.
costs to be charged for printing records, appointment of deputies and filling
vacancies. [fH B 332}

Approved March 28, 1934

1. Be it enacted by the General Assembly of Virginia, That sections
three hundred and sixty-eight, thirty-three hundred and seventy-eight.
thirty-three hundred and seventy-nine, thirty-three hundred and eighty-
one and thirty-three hundred and eighty-three of the Code of Virginia.
and sections thirty-four hundred and sixty-five and thirty-four hundred

and eighty-six of the Code of Virginia, as heretofore amended, be
amended and re-enacted so as to read as follows:

Section 368. There shall be a State Law Library at Richmond, with
branches thereof at Wytheville and Staunton, maintained as at present,
which shall be managed by the Supreme Court of Appeals. The said
court shall appoint the librarian and other employees, to hold office
during the pleasure of the court; provided, however, that the clerks
at Wytheville and Staunton shall act as law librarians at their re-
spective places, without additional compensation therefor.

The State Law Library shall consist of the books now in the law
libraries at Richmond, Staunton and Wytheville, with such additions
as may be made thereto.

Section 3378. There shall be a clerk of the Supreme Court of Ap-
peals at each place of session of the court, to-wit; one at Richmond,
one at Staunton, and one at Wytheville; and any such clerk may be
removed from office by the court at any time. When the terms of the
present clerks expire, the clerk of the court at each place of session
shall thereafter hold office at the pleasure of the court, and shall, in
addition to his regular duties as clerk, perform such other duties and
services as the court may require, without additional compensation
therefor.

Section 3379. Any clerk of the Supreme Court of Appeals, with
the consent of the court or of any four of the judges thereof in vaca-
tion (the said consent in vacation being given in writing), may appoint
a deputy who may discharge any of the official duties of his principal
during his continuance in office, unless it be some duty the perform-
ance of which by a deputy is expressly forbidden by law. He may be
removed from office either by his principal, or by the court, or by any
four of the judges thereof in vacation.

Section 3381. When the office of clerk of the said court at either
of its places of session is vacant, the vacancy may be filled by the court,
or in vacation, by any four of its judges concurring in the appoint-
ment. The appointment in vacation shall be in writing, and recorded
in the book wherein the proceedings of the court at the place of session
for which the appointment is made are recorded.

Section 3383. Before any vacancy, existing or to occur in the
office of clerk, shall be filled, the court, or the judge thereof in vaca-
tion, shall, and at any other time may, appoint two or more persons
to examine the clerk’s office. They shall examine the office books, and
the conditions of the records and papers in the office, and report whether
the clerk has faithfully discharged his duties. The court may allow
each person making such examination not exceeding five dollars per
day, which, if the examination be of the clerk’s office of the circuit
court of a county or the circuit, corporation or other court of a city,
shall be chargeable on such county or city; and the Supreme Court of
Appeals, or any three of the judges thereof in vacation, shall in like
manner cause to be examined the clerk’s office of said court, and the
expense thereof shall be paid out of the treasury. The books and
accounts of each of ‘the clerks of the Supreme Court of Appeals shall
be audited annually, and at such other times as the said court may
deem proper, by the Auditor of Public Accounts who shall make report
of his findings to the Governor and file a copy of such report with the
said court within thirty days after the completion of any such audit.

Section 3465. The clerk of the Supreme Court of Appeals at Rich-
mond, the sum of five thousand dollars, the clerk of said court at
Wytheville, the sum of four thousand dollars, the clerk of said court
at Staunton, the sum of twenty-four hundred dollars, and the clerk
of the circuit court of the city of Richmond, the sum of fifteen hundred
dollars; the reporter, thirty-five hundred dollars. The salaries pre-
scribed by this section for the clerks of the Supreme Court of Appeals
shall be the entire compensation for all services rendered by them,
respectively, and shall be in lieu of any and all fees and other emolu-
ments of their offices, prescribed by any other statutes or acts; pro-
vided, however, that a reasonable sum, or sums, shall be allowed for
the necessary expenses of maintaining the offices of said clerks, which
sum, or sums, shall be expended only upon the orders of the court;
and provided further; that the clerk at Richmond may act as secretary
and treasurer of the Board of Law Examiners and receive the compen-
sation allowed therefor.

Section 3486. The clerk of the Supreme Court of Appeals shall
charge the same fees as a clerk of a circuit court for similar services.
In every case wherein printing is done under section sixty-three hun-
dred and fifty-seven, the clerk of the Supreme Court of Appeals shall
charge in such cases, to the appellants or plaintiffs in error, the actual
cost of printing the record, plus thirty cents per page for each printed
page thereof, which shall be paid, or be secured to be paid to the
clerk before the printing is done. As soon as the case is docketed after
the appeal, writ of error, or supersedeas is allowed, the clerk of the
said court shall notify the appellant, or his counsel of record, of the
amount of such costs, and if the same is not paid within sixty days
from the date of such notice the case shall be dismissed, which costs so
paid, or secured to be paid, shall be recovered and paid by the parties
respectively, as the court shall direct. When a case is decided by the
Supreme Court of Appeals the clerk shall furnish two copies of the
opinion rendered by the court thereon, one to counsel on each side of
the case, without making any charge therefor. The clerk shall keep
an accurate account of all fees and costs collected by him and shall
make monthly remittances thereof to the State Treasurer, transmitting
with each remittance a detailed statement showing each and every item
covered thereby. All such fees and costs shall be credited by the
Comptroller to the general fund of the State treasury.

2. Be it further enacted by the General Assembly of Virginia, That
section thirty-three hundred and eighty-two of the Code of Virginia
be, and the same is hereby, repealed.

3. The provisions of this act shall be in force on and after July
first, nineteen hundred and thirty-four.