Chap. 357.—An ACT to amend and re-enact sections 5904-b, 5904-c and 5904-e,
of the Code of Virginia, as heretofore amended, relating to county courts,
so as to provide for jurisdiction and procedure in actions in detinue, attach-
ments and garnishments, and to provide for the disposition of fees collected by,
and for the expenses of, the clerk of such court. [H B 512]

Approved March 27, 1936

1. Be it enacted by the General Assembly of Virginia, That
sections fifty-nine hundred and four-b, fifty-nine hundred and four-c,
and fifty-nine hundred and four-e, of the Code of Virginia, as hereto-
fore amended, be amended and re-enacted so as to read as follows:

Section 5904-b. Jurisdiction—Such county courts shall have exclu-
sive 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 attachment, actions in detinue and unlawful entry and
detainer, other than actions involving the title or boundary to real
estate; shall have original 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 exceed the sum of one thousand dollars ; provided
that where the jurisdiction 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.

In all attachment cases, the proceedings shall be in conformity
with the applicable provisions of chapter two hundred and sixty-nine
of the Code of Virginia; and orders of publication may be awarded,
published and posted in accordance with the provisions of sections six
thousand and sixty-nine and six thousand and seventy of the Code.
Any attachment case in which real estate may be levied upon, or in
any way involved, shall be transferred from the county court to the
circuit court of the county for appropriate proceedings in such court.

The county court shall have exclusive original jurisdiction for the
trial and disposition of all misdemeanor violations of chapter four
hundred 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
corporation courts.

The county court shall have exclusive jurisdiction for the pre-
liminary examination of felony cases, with power to discharge or
commit for 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 a new 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. The county clerk shall be ex-officio clerk of the
county court, and shall collect for services performed by him, the same
fees provided by law for similar services performed by clerks of circuit
courts, justices of the peace, as provided with reference to other fees,
account for all such fees so collected by him in accordance with the
provisions of sections thirty-five hundred and sixteen and thirty-five
hundred and sixteen-a of the Code of Virginia and other applicable
provisions of law relating to the compensation of clerks of circuit
courts ; the expenses incurred by him in the performance of his duties
as clerk of the county court shall be treated as part of the expenses of
his office as county clerk, and proper allowance shall be made him
therefor; provided, however, the amount to be collected as clerk’s
costs in any case shall not be in excess of the following schedule;
principal amount involved, exclusive of interest and costs, one hundred
dollars or less, the sum of two dollars; principal amount in excess of
one hundred dollars and not in excess of two hundred dollars, the
sum of three dollars; and 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; attachments.—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 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 attachments and proceedings of un-
lawful entry and detainer and actions in detinue shall be by notice 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, and actions in detinue by
chapter two hundred and thirty-seven of the Code.

Garnishment proceedings may be instituted and conducted by the
county court, based upon executions issued on judgments for the prin-
cipal sum of not more than one thousand dollars, whether recovered
in the county court or in the circuit court.
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.