Chap. 294.—An ACT to amend the Code of Virginia by adding thereto sixteen
new sections, numbered 4988-a to 4988-p, both inclusive, relating to the ap-
pointment of trial justices and substitute trial justices in counties; providing
for the appointment of clerks for such trial justices, and prescribing the terms
of office, jurisdiction, duties and compensation of such trial justices, substitute
trial justices and clerks; to appropriate the sum of forty thousand ($40,000.00)
dollars annually or so much thereof as may be necessary for the purpose, for
distribution among certain counties, and to repeal section 4988-a of the Code
of Virginia, as enacted into law by chapter 81 of the Acts of the General
Assembly of 1926, and all acts and parts of acts inconsistent with the pro-
visions of this act. [fH B 121]

Approved March 29, 1934

1. Be it enacted by the General Assembly of Virginia, That the
Code of Virginia be amended by adding thereto sixteen new sections,
numbered forty-nine hundred and eighty-eight-a to forty-nine hundred
and eighty-eight-p, both inclusive, so as to read as follows:

Section 4988-a. For every county, including all incorporated towns
therein, except as hereinafter provided, there shall be appointed, in the
manner and for the term hereinafter prescribed, a trial justice for each
such county.

Section 4988-b. In counties where a trial justice has not been ap-
pointed, including counties for which there may be a trial justice by
the present law but none has been appointed, as well as counties where
there may not be trial justices by the present law, there shall be ap-
pointed by the circuit court for each said county, or the judge thereof in
vacation, a trial justice. Such justice shall be a resident of the territory
for which he is appointed. The term of the trial justice shall be four
years. The first appointment in counties where no trial justice has been
appointed, shall be made for the term beginning July first, nineteen
hundred and thirty-four. Any vacancy in the office of trial justice
shall be filled for the unexpired term by the circuit court for said
county or the judge thereof in vacation; if an attorney at law is ap-
pointed a trial justice under this act he shall not appear as counsel in
any case civil or criminal pending in his court or on appeal or removal
therefrom.

Section 4988-c. The circuit court for each such county or the judge
thereof in vacation, shall appoint a substitute trial justice and may at
any time revoke such appointment, and may make a new appointment
‘n the event of such revocation, or of the death, absence or disability
of such substitute trial justice. In the event of the inability of the trial
justice to perform the duties of his office, by reason of sickness, absence,
vacation, interest, proceedings or parties before his court, or otherwise,
such substitute trial justice shall perform the duties of the office during
such inability, and shall receive for his services a per diem compensation
equivalent to one-twenty-fiith of the monthly installment of the salary

of the trial justice, which, in the discretion of the board of supervisors
of the county, may be deducted from the salary of the trial justice,
except that no deduction shall be made on account of the vacation period
herein provided. While acting as such trial justice, the substitute trial
justice shall have the same jurisdiction and exercise the same powers
and authority provided herein in respect to the trial justice. While
acting as such, the trial justice or the substitute trial justice may per-
form all acts, with reference to the proceedings, acts and judgments
of the other, in the same manner and with the same force and effect as
if such proceedings, acts and judgments were his own.

Section 4988-d. Two or more counties may, with the approval of
the boards of supervisors of said counties, in the discretion of the judge
or judges of the circuit courts for such counties, be combined, and one
trial justice and one substitute trial justice be appointed for the two
or more counties so combined by the judge or judges aforesaid. If such
counties be in different judicial circuits, and the two or more judges
thereof cannot agree upon the appointment of a trial justice or a sub-
stitute trial justice for such counties, such fact shall be certified to the
Governor of the Commonwealth, who shall thereupon designate a judge
of some other judicial circuit to sit with said two or more judges in the
consideration of such appointment or appointments. A majority of
said judges shall make such appointment or appointments.

Any city within any county may be combined with such county or
such county and one or more other counties combined as herein provided,
with the approval of the boards of supervisors of such counties and
the council of such city, and one trial justice and one substitute trial
justice be appointed for such combined city and county or counties.
Such appointment shall be made by the circuit court of the county or
counties or judge or judges thereof in the manner hereinbefore pre-
scribed, and in case of disagreement as to such appointment, the same
procedure shall be followed, and the appointment made, as in this sec-
tion is prescribed for the appointment of a trial justice in two or more
counties.

Section 4988-e. Before entering upon the performance of their
duties, the trial justice and the substitute trial justice, and clerk, if a
clerk be appointed as hereinafter provided, shall take oaths required by
law, and shall each enter into bond before the circuit court of the county,
or of each county, or the hustings or corporation court of the city for
which they are appointed in the penalty of not less than five hundred
dollars nor more than two thousand dollars in the discretion of the
court, with surety to be approved by said court and conditioned for the
faithful performance of their duties.

Section 4988-f. The trial justice shall receive such salary as may
be fixed by the judge, or judges, making the appointment, with the ap-
proval of the boards of supervisors of the counties and/or council
of the cities for which said trial justice may be appointed, and the
amount of such salary may be increased or diminished from time to
time in the discretion of such judge or judges, with the same approval,
provided that such salaries shall be so fixed within the following limita-
tions :

In any county adjoining a city having a population of one hundred
and seventy thousand or more, and in all counties having a population
of over twenty-five thousand, which adjoins two cities in this State
having an aggregate population of not less than one hundred and sixty-
five thousand and not more than one hundred and eighty-five thousand,
as shown by the United States census, of nineteen hundred and thirty,
and lying wholly in Virginia, not less than twenty-five hundred dollars
nor more than five thousand dollars per annum.

In any county adjoining one or more cities having a population of
thirty thousand or more, in the aggregate, as shown by the United States
census of nineteen hundred and thirty, and lying wholly in this State,
not less than twelve hundred dollars nor more than four thousand dol-
lars per annum; providing that in counties having an area of not less
than three hundred and twenty and not more than three hundred and
thirty square miles and a population of not less than fourteen thousand
nor more than sixteen thousand the salaries of the trial justices shall
not be less than one hundred dollars for each one thousand of popu-
lation.

In any county not coming in either of the above classes, and having
a population of more than twenty thousand, including any incorporated
town or towns therein, as shown by the United States census of nineteen
hundred and thirty, not less than twelve hundred dollars nor more than
four thousand dollars, per annum.

In any other county, or in any two or more counties and for county
and city which unite in having the same trial justices as hereinbefore
provided for, not less than five hundred dollars nor more than four
thousand per annum; provided, that no approval of the board of
supervisors or city council shall be required in any case where the
amount of the salary shall be fixed by the judge or judges at the mini-
mum amount above prescribed applicable to such county, or counties,
and/or cities.

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 treasury of the county for which he is
appointed ; if he be appointed trial justice for two or more counties or
for one or two or more counties and a city, as provided in section forty-
nine hundred and eighty-eight-d, said counties, or county and city, or
counties and city, shall each pay such part of the salary as may be
agreed upon, or in the absence of an agreement that proportion of the
salary of such trial justice which the assessed valuation of the tangible
property, real and personal, assessed for local taxation in each such
county or city respectively, bears to the total assessed valuation of such
property in the entire territory for which he is trial justice. The trial
justice shall charge and collect all fees which justices of the peace for
counties are authorized 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 city within his jurisdiction in which
the offense for which warrant issued was committed; all fees in civil
cases and matters shall be turned into the treasury of the county or city
in which the case may be tried as provided in section six thousand and
twenty of the Code of Virginia; fines assessed for violation of city,
town or county ordinances shall be turned into the treasury of the city,
town or county whose ordinance has been violated; other fines shall
be turned over and accounted for as now provided by law with respect
to justices of the peace, but nothing contained in this act shall be so
construed as to authorize any trial justice appointed hereunder to collect
any fees payable by the State.

The trial justice shall be allowed annually a vacation period of two
weeks.

Section 4988-g. The jurisdiction of such trial justice shall be as
follows:

First. The trial justice shall be a conservator of the peace within the
limits of his county or counties or incorporated towns or cities, and
shall have exclusive original jurisdiction for the trial of all offenses
against local laws and regulations of said county or counties and of
ordinances of cities and incorporated towns for which he is appointed.

Second. In civil cases the jurisdiction of such trial justice shall be
the same within the limits of the territory, including any town within
said territory, for which he is appointed as that which is now or may
hereafter be vested in civil and police justices of cities, prescribed, in
section three thousand one hundred and two of the Code of Virginia.
No justice of the peace or mayor shall, after appointment and quali-
fication of such trial justice, exercise such jurisdiction within the county
and in incorporated towns located therein, or city for which such trial
justice is appointed as is herein conferred on said trial justice. Provided
that nothing contained herein shall be so construed as to affect the
jurisdiction of any mayor of any city unless a trial justice is appointed
for such city in accordance with the provisions of section forty-nine
hundred and eighty-eight-d.

Third. In criminal cases the jurisdiction of such trial justice within
the limits of the territory for which he is appointed shall be the same
as that which is now or may hereafter be vested by general law in the
police justices of cities. The said trial justice shall have jurisdiction of
all misdemeanors arising under all laws of the Commonwealth and
under all laws and ordinances of the county, city and town for which he
is appointed. There shall be an appeal of right to the circuit court as
provided for by the general law with reference to appeals.

Fourth. The trial justice, in addition to his other powers, shall have
power to issue and jurisdiction to try attachments, and warrants and
subpoenas, including subpoenas duces tecum, in civil and criminal cases,
to be returnable before him, as is now or may hereafter be vested in
civil and police justices of cities, as prescribed by section thirty-one
hundred and two of the Code of Virginia within the territory for which
such trial justice is appointed; but nothing contained herein shall be
construed to prevent justices of the peace and mayors, within such
territory from issuing any such attachments, warrants and subpoenas,
which they are given the right to issue by general law or from granting
bail in any case in which they are given the right to grant bail under
the general law as now exists and from receiving their fees therefor,
but said attachments, warrants and subpoenas shall be returnable before
said trial justice for action thereon.

Fifth. All the provisions of law now in force or which may here-
after be enacted governing preliminary examinations, granting of bail,
procedure and appeals in criminal cases, relating to police justices in
cities shall apply in like manner to trial justices appointed hereunder,
and all provisions of law now in force or which may hereafter be en-
acted governing procedure, removal and appeals in civil cases relating
to civil and police justices and civil justices in cities, prescribed in section
three thousand one hundred and two of the Code of Virginia shall
apply in like manner to trial justices appointed hereunder: except that
in each county removals and appeals shall be to the circuit court of
such county.

Sixth. The said trial justice shall have the same powers in matters
of contempt as are conferred on courts and judges by the general law,
but in no case shall the fine exceed twenty-five dollars and imprison-
ment exceed ten days for the same contempt. From any such fine or
sentence an appeal shall be allowed as appeals are allowed from such
trial justices in civil cases, and the proceedings in such appeal shall con-
form in all other respects to the provisions of section forty-five hundred
and twenty-three. .

Seventh. Notwithstanding other provisions of sections forty-nine
hundred and eighty-eight-a, to forty-nine hundred and eighty-eight-o,
both inclusive, to the contrary, any city and any incorporated town
within the jurisdiction of any trial justice appointed pursuant to the
said sections may, by a resolution adopted by a majority of the members
of the council thereof, continue in the mayor or other trial officer
thereof all jurisdiction now vested in such mayor or other trial officer
pertaining to the issuance of warrants and the summoning of witnesses
and the trial of cases involving violations of city and town ordinances,
in which event the said mayor or other trial officer shall collect all fees
and fines provided for and pay the same into the treasury of the
respective city or town as now provided by law or by ordinances of
his said city or town.

Section 4988-h. 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, ex-
cept in counties where such clerk has already been appointed, no such
appointment shall be made by any trial justice until the board of super-
visors 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 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 been appointed.
The salary of the clerk shall be paid out of the treasury of the county
or counties or city, for which such trial justice is appointed by agree-
ment, or in the proportion provided in section forty-nine hundred and
eighty-eight-f, with respect to the payment of the salary of the trial
justice for whom he is clerk.

Such clerk may within the jurisdiction of the trial justice for which
he is clerk, 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; all fees for such process
shall be turned into the treasury of the county or city to which fees
collected by the trial justice belong, as provided in section forty-nine
hundred and eighty-eight-f. Such clerk shall keep the docket and ac-
counts for such trial justice and shall discharge such other duties as
may be prescribed by the trial justice. The clerk shall be allowed an-
nually a vacation period of two weeks. |

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
as such, the clerk or substitute clerk may perform all acts with refer-
ence to proceedings or duties of the other in the same manner and with
the same effect as if they were his own.

Section 4988-i. The trial justice shall sit for the hearing and trial
of criminal and civil matters and cases at the county seat of the county,
and at the town or city hall of the town or city for which he may have
been appointed (unless the council of such town or city shall provide
some other suitable building therein for the purpose) and at such other
times and places in said county as may, from time to time, be designated
and prescribed by the circuit court of such county and a schedule of
the times and places of his sittings shall be kept posted at the courthouse
of such county and at each of said designated places. Any matter may
be removed for hearing, in the discretion of the trial justice, from any
one of such designated places to another such designated place, or to
the county seat, in order to subserve the convenience ot the parties
or to expedite the administration of justice.

All process, civil and criminal, returnable before such trial justice
shall be made returnable before him, if the defendants or any one of
them, resides in such town or city, at his court room or place of sitting

in said city or town, and if none of. the defendants reside in such town
or city, at the county seat or at one of such designated places of sitting,
whichever shall be nearer or more accessible to such defendant or de-
fendants.

For all jurisdictional requirements hereunder, the county seat and
each and all of such designated places of sitting above provided shall
be deemed to be a part of each and every magisterial district in said
county.

Provided, however, that the said circuit court may prescribe and
require that all hearings and trials of all cases shall be at the county
seat.

Section 4988-j. Each trial justice shall keep a docket, which said
dockets shall be made uniform and furnished by the State and paid for
out of such funds in the general fund as are not otherwise specifically
appropriated which said dockets shall be approved by the State Auditor
of Public Accounts, as to form, 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 each county and the council of each city
and town within his jurisdiction shall provide suitable quarters for
the court of such trial justice at the places designated as aforesaid,
within their respective counties, towns and cities, and shall provide
necessary books and stationery and supplies, the cost of which books,
stationery and supplies shall be apportioned between the counties and
city within his jurisdiction as provided 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 each of the counties in which he is trial justice.

Section 4988-k. 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, or of the clerk appointed by him hereunder, for three years
after final disposition by judgment or otherwise by the trial justice,
and executions and abstracts of judgment and additional executions in
such proceedings may be issued by such trial justice or clerk at any
time during such period of three years in accordance with the general
law in relation to abstracts of judgments and executions. At the end
of such period, such papers shall be returned to the clerk’s office of the
circuit court of the county or of the corporation court of the city in
which the case was disposed of, and shall be properly filed, indexed and
preserved by the clerk thereof, who shall receive the same fees as are
now allowed for receiving, filing and indexing like papers returned by
justices of the peace.

Section 4988-l. At or before the time of hearing on any claim
mentioned in subsection (b) or subsection (d) 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, or treasurers
of the counties or cities for which he is trial justice, all collections by
him payable to such treasurers.

Section 4988-m. The circuit court of each of the counties, 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 necessary to exercise general supervisory power over such
trial justice for the purpose of perfecting and enforcing any detail
matter not otherwise provided for herein. ,

Section 4988-n. The trial justice shall also be judge of the juvenile
and domestic relations court in each county and city in his territory.

Section 4988-0. In order to assist the several counties in carrying
out the provisions of this act there shall be paid out of the State
treasury, on warrants of the Comptroller issued upon application by the
board of supervisors thereof, the sum of four hundred dollars annually
to each county in this State for which no trial justice has been ap-
pointed and is now functioning under any existing law, and for said
purpose there is hereby appropriated the sum of forty thousand ($40,-
000.00) dollars, annually or so much thereof as may be necessary.

Notwithstanding anything to the contrary, contained in this or any
other act or statute, in any county with a population of more than
fifty-eight thousand and having therein a city with a population of
more than twenty thousand according to the latest United States
census, and in which there is adjacent to any such city, an area of not
more than five square miles which has a population of not less than six
thousand inhabitants, the judge of the circuit court of such county, may,
upon the request of the board of supervisors, and by an order entered
in the common law book of said court, designate and define the boun-
daries of such area, and after the entry of such order, the justices of
the peace of the magisterial district in which said area is located shall,
within the limits of said area, have concurrent jurisdiction with the
trial justice of said county, in all civil and criminal matters cognizable
by justices of the peace under general law.

Section 4988-p. Nothing in this act shall be construed as affecting
any county in this Commonwealth where a trial justice has already been
appointed and is now functioning under any present law or a county in
which a county court has been established or any town in any such
county except ;

(a) That such trial justice shall have in addition to the jurisdiction
now validly exercised by him, jurisdiction of all misdemeanors arising
in his county, outside the corporate limits of any town in said county,
under all laws of the Commonwealth and all county ordinances; and

(b) That any county having a trial justice heretofore appointed
and functioning under any other act may by resolution adopted by
the recorded vote of a majority of all the supervisors elected for the
county or counties heretofore adopting a trial justice act and in which
a trial justice has been appointed, agree to have their county or
counties cease to operate under such trial justice act, in which event
such county or counties, including all incorporated towns shall be-
come immediately subject to the provisions of this act, and the trial
justice and substitute trial justice shall continue in office until the ex-
piration of the term of office for which they were appointed; and such
justices shall have jurisdiction of all matters and causes at the time
pending in court when his or their jurisdiction and authority under
other acts ceased and terminated.

In the event any such county shall so cease to operate under any
former act and come under the provisions of this, such county shall
have the benefit of the appropriation provided in section forty-nine
hundred and eighty-eight-a.

(c) Sections forty-nine hundred and eighty-eight-a to forty-nine
hundred and eighty-eight-p, both inclusive, shall be treated and con-
strued as a single act.

2. Section forty-nine hundred and eighty-eight-a, of the Code of
Virginia, as enacted into law by chapter eighty-one of the Acts of the
General Assembly of nineteen hundred and twenty-six, approved March
first, nineteen hundred and twenty-six, and all acts and parts of acts
inconsistent with this act are hereby repealed to the extent of such
inconsistency, but such repeal shall not affect in any way any county
where a trial justice has been appointed and is now functioning under
existing law or any county in which a county court has been established
nor shall it affect the jurisdiction and powers of any such trial justice so
appointed and functioning or of such county court.