Chap. 385.—An ACT to amend the Code of Virginia by adding thereto fifteen
new sections, numbered 4987-a to 4987-0, both inclusive, providing for the
appointment of trial justices and substitute trial justices in counties and in
certain counties and cities; providing for the appointment of clerks for such
trial justices, and prescribing the terms of office, jurisdiction, duties and com-
pensation of such trial justices, substitute trial justices and clerks; providing
‘that trial justices, substitute trial justices, and their clerks, selected and
functioning under other acts, shall be subject to the said fifteen new sections
as if appointed thereunder; providing for the appointment of associate trial
justices in certain counties and prescribing their terms of office, jurisdiction,
duties and compensation; providing for continuity between this and prior trial
justice systems; enlarging authority of justices of the peace and mayors to issue
attachments, warrants and subpoenas and as issuing officers; prescribing fees
to be charged and collected by trial justices and clerks and providing for the
disposition of moneys collected by such officers; appropriating for such pur-
poses the sum of $60,000 annually for distribution among the counties; and
exempting certain counties until they adopt the provisions of the foregoing
sections; and to repeal Sections 4983 and 4988-a to 4988-p, both inclusive, of
the Code of Virginia and certain other acts providing for the appointment or
selection of trial justices, and all other acts and parts of acts inconsistent with
the provisions of this act. [H B 27]

Approved March 30, 1936

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

Section 4987-a. Appointment of trial justices; trial justices in office
continued; vacancies; not to appear as counsel in certain cases.—
(a) For every county, including all incorporated towns therein, except
as hereinafter provided, there shall be appointed, for a term of four
years, by the circuit court for such county, or the judge thereof in
\
\
\

vacation, a trial justice, whg_shall be a resident of the territory, or of
a city lying wholly in any ESET Sch TSTTITOTy Tor which he is
appointed ; provided, however, that no such trial justice shall be a resi-
dent of any city lying wholly in any county in such territory having
a population of not less than forty thousand nor more than forty-four
thousand according to the United States census of nineteen hundred
and thirty. Every trial justice heretofore appointed or selected and,
immediately prior to this section becoming effective, functioning under
any then existing law shall, however, unless otherwise provided, con-
tinue in office until the expiration of the term of office for which
appointed or selected with all of the rights and powers conferred by,
and subject to the provisions of, sections forty-nine hundred and eighty-
seven-a to forty-nine hundred and eighty-seven-o, both inclusive, as if
appointed hereunder. 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 appointed
a trial justice he shall not appear as counsel in any case civil or criminal
pending in his court or on appeal or removal therefrom, nor shall he
appear as counsel in any civil case which involves substantially the same
evidence and circumstances as were involved in a criminal case tried in
his court or in which a preliminary hearing was held therein, nor shall
he be permitted or authorized to accept or receive any claim or evidence
of debt for collection where the enforcement of such claim or evidence
of debt is within the exclusive original jurisdiction of his court. A
trial justice may be removed from office in the manner and for any of
the causes prescribed in section twenty-seven hundred and five of the
Code of Virginia, applicable to the removal of State, county, city, town
and district officers.

(b) Notwithstanding anything to the contrary contained in this or
any other section of the Code or act or statute, in any county having
a population of more than fifty-eight thousand and having therein a
city with a population of moré than twenty thousand, according to the
latest United States census, the judge of the circuit court of such county
may, upon request of the board of supervisors of such county, by an
order entered in the common law order book of said county, appoint for
said county an associate trial justice, who shall have concurrent juris-
diction with the trial justice in all matters, criminal and civil, in such
part or parts of the said county as shall be designated by the said order
of the judge of the circuit court. The said associate trial justice shall
hold office for a term concurrent with that of the trial justice of the
county. The said associate trial justice shall be paid by the board of
supervisors of the said county a salary, which shall be in addition to the
salary provided for and paid to the trial justice; the salary of the
said associate trial justice shall be fixed in the same manner and within
the same limits as provided by section forty-nine hundred and eighty-
seven-e. The said associate trial justice shall be subject to all the con-
ditions, regulations and provisions pertaining to the trial justice as
herein provided and shall be required to subscribe to the oath and
execute the bond as provided in section forty-nine hundred and eighty-
seven-d hereof.
Section 4987-b. Appointment of sybstitute trial justice ; compensa-

tion; duties, substitute trial justices in office continued—The circuit
court for each such county or the judge thereof in vacation, shall ap-
point a substitute trial justice and may at any time revoke such ap-
pointment, and may make a new appointment in 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-fifth 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 perform the same duties, have the same jurisdiction, exercise the
same powers and authority, and be subject to the same obligations as
provided herein in respect to the trial justice. The trial justice or the
substitute trial justice, while acting as trial justice, may perform 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.

Every substitute trial justice heretofore appointed and, immediately
prior to this section becoming effective, functioning under then existing
law shall continue in office until the expiration of the term of office for
which he was appointed, unless such appointment is revoked as herein-
above provided, with all of the rights and powers and subject to the
provisions of sections forty-nine hundred and eighty-seven-a.to forty-
nine hundred and eighty-seven-o, both inclusive, as if appointed here-
under.

Section 4987-c. One trial justice for two or more counties or city
and county; how appointments made.—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 substitute 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 appoint-
ment 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 pro-
vided, 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 and by the corporation court of such city having jurisdiction,
or judge or judges thereof, in the manner hereinbefore prescribed and
in case of disagreement as to such appointment, the same procedure
shall be followed, and the appointment made, as in this section is
prescribed for the appointment of a trial justice in two or more
counties; provided, that where a trial justice has heretofore been or
shall hereafter be appointed for a county and a city, or for one or more
counties and a city, such city, by resolution adopted by a majority vote
of its council, and after six months’ notice to the board of supervisors
of the county or counties composing in part the territory for which
such trial justice was appointed, may at the end of any term of office
for which the trial justice shall have been appointed, withdraw from
such combination. The trial justice, at the end of the term for which
he was appointed for the combined territory shall no longer have any
jurisdiction conferred by this act within such city, nor the city be liable
for any part of the salary of such trial justice, his clerk, or any other
expense connected with the administration of such trial justice’s court
after such withdrawal. Nothing herein contained shall affect the charter
provisions of cities relating to appointment and duties of police justices.

Section 4987-d. Oath and bond.—Before entering upon the perform-
ance 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 discre-
tion of the court, with surety to be approved by said court and con-
ditioned for the faithful performance of their duties.

Section 4987-e. Salary of trial justice—(a) The trial justice shall
receive such salary as may be fixed by the judge, or judges, making
the appointment, with the approval of the board of supervisors of each
county and the council of each city for which said trial justice may be
appointed, and the amount of such salary may be increased or dimin-
ished 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 limitations:

(1) 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 hun-
dred and thirty, and lying wholly in Virginia, not less than twenty-five
hundred dollars nor more than five thousand dollars per annum ;

(2) 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 thou-
sand dollars per annum ;
(3) In any county not coming in either of the above classes, and
having a population of more than thirteen 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;

(4) In any other county, or in any two or more counties or in any
county or counties and city which unite in having the same trial justice
as hereinbefore provided for, not less than five hundred dollars nor
more than four thousand dollars per annum. When the board of
supervisors or city council fail or refuse to approve the salary fixed
by the judge or judges, the salary shall be one hundred and twenty-
five per centum of the minimum amount above prescribed applicable
to such county or counties, or such county or counties and city.

(c) The salary of the trial justice shall be paid in monthly install-
ments. 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 more counties and a city, as provided in section
forty-nine hundred and eighty-seven-c, 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.

(d) The trial justice shall receive for his services no compensation,
other than the salary herein provided. He shall be allowed annually a
vacation period of two weeks with pay.

Section 4987-f. Jurisdiction—The jurisdiction of such trial justice
shall be as follows:

(1) The trial justice shall be a conservator of the peace within the
limits of the territory for which he is appointed. For the purpose of
this section the term “territory for which he is appointed”’ shall mean
the county or counties, including towns therein, and any city or cities
for which he is appointed trial justice.

(2) The trial justice shall have exclusive original jurisdiction of
all offenses against the ordinances, laws and by-laws of the respective
counties, cities and towns for which he is appointed and of all mis-
demeanors, except offenses of which jurisdiction is specifically vested
in the State Corporation Commission, arising under laws of the Com-
monwealth. There shall be an appeal of right to the circuit court of
the county or the corporation court of the city as provided for by the
general law with reference to appeals from justices of the peace. Not-
withstanding the provisions of this sub-section, the circuit court of any
county or the corporation court of any city shall have jurisdiction to
try any person for any misdemeanor for which such person shall be
indicted, or may certify such indictment to the trial justice for trial in
which latter case, the indictment shall be in lieu of any warrant,
petition, or other pleading constituting the charge which might other-
wise have been required by law. The trial justice shall also have
power to conduct preliminary examinations of persons charged with
crime in the manner prescribed for justices of the peace by Chapter
one hundred and ninety-two of the Code. Trial justice shall have the
power to accept fines and costs within ten days if any defendant decides
to withdraw an appeal which has been noted.

(3) The trial justice shall have, within the limits of the territory
for which he is appointed, exclusive original jurisdiction of any claim
to specific personal property or to any debt, fine, or other money, or
to damages for breach of contract or for any injury done to property,
real and personal, or for any injury to the person, which would be
recoverable by action at law or suit in equity, when the amount of
such claim does not exceed the sum of two hundred dollars, and con-
current jurisdiction with the circuit court of the county or the city
court or courts of general jurisdiction, as the case may be, of any such
claim when the amount thereof exceeds two hundred dollars but does
not exceed one thousand dollars; but when the amount of the claim
exceeds the sum of three hundred dollars the trial justice shall, at any
time within ten days after the return date of the process, provided
judgment has not been rendered, but not thereafter, upon the applica-
tion of the defendant and the filing by him of an affidavit of himself,
his agent or attorney that he has a substantial defense to the plaintiff’s
claim, and upon the payment by him of the costs accrued to the time
of removal, remove the case and all the papers thereof, to the circuit
court of the county or to the court of general jurisdiction of the city,
wherein the action was brought. The plaintiff shall, within thirty days
from the date of such removal, pay to the clerk of the court to which
the case has been removed the amount of the writ tax as fixed by law,
and four dollars on account of costs in said court, and in the event of
his failure so to do, the case shall stand dismissed. On the trial of the
case upon removal, the proceedings shall conform to the proceedings
under section six thousand and forty-six of the Code of Virginia
as now or hereafter amended. For the purpose of this section the term
“amount of claim’ shall include any attorney’s fee contracted for in
any instrument sued on, but shall exclude interest and costs in all cases.
The trial justice shall also have jurisdiction of actions of unlawful
detainer or entry in cases provided by section fifty-four hundred and
forty-five.

(4) Any civil action, within the jurisdiction conferred upon the
trial justice, may be brought in any county or city wherein the cause
of action, or any part thereof, arose, although neither the defendant nor
any one of the defendants reside therein, by warrant or notice of motion
returnable before the trial justice thereof; any such warrant or notice
of motion may be directed to a constable, sheriff or sergeant of any
county or city wherein the defendant resides or may be found; but no
such warrant or notice of motion shall be served or executed in any
other county or city than that wherein the action is brought, unless it
be (a) an action against a corporation, (b) an action upon a bond
taken by an officer under authority of some statute, (c) an action to
recover damages for a wrong, or (d) an action against two or more
defendants on one of whom such warrant or notice of motion has been
executed in the county or city in which the action is brought, or (e)
unless it be otherwise specially provided.

(5) The trial justice shall also have power to issue and jurisdiction
to try and decide attachments where the amount of the plaintiff's
claim does not exceed one thousand dollars, and the proceedings on
any such attachment shall conform to the provisions of chapter two
hundred and sixty-nine of the Code of Virginia as now or hereafter
amended, except that when an attachment other than under section
sixty-four hundred and sixteen is returned executed and the defendant
has not been served with a copy thereof, the trial justice, upon affidavit
in conformity with section six thousand and sixty-nine and six thou-
sand and seventy of this Code, shall forthwith cause to be posted at
the front door of the court house of the county a copy of the said
attachment and shall file a certificate of the fact with the papers in the
case, and, in addition to the said posting, an order of publication shall
be awarded and published in accordance with the provisions of sections
six thousand and sixty-nine and six thousand and seventy of the Code
of Virginia. After said copy of the attachment has been so posted
and published as aforesaid, the trial justice may proceed to try and
decide the said attachment.

(6) The trial justice shall have power to issue the summons pro-
vided for by section sixty-five hundred and three, when the fieri facias
upon any final judgment heretofore or hereafter rendered was issued
by him. In such case such trial justice shall have all of the powers
and authority, respecting interrogatories, conferred by chapter two
hundred and seventy-two of this Code upon any court or judge men-
tioned therein. The commissioner before whom any person is required
to appear by such summons, issued by any such trial justice, shall have
the same powers and authority as if such summons had been issued
by the clerk under section sixty-five hundred and three. All interroga-
tories, answers, reports and other proceedings under such summons, and
also all money, evidence of debt and other security in the hands of an
officer, which are directed by any section of said chapter two hundred
and seventy-two, to be returned or delivered to such court or judge, or
to the clerk’s office of such court, shall when the said summons was
issued by such trial justice, be returned or delivered in like manner
to said trial justice. F'rom any order made in such proceedings by a
trial justice which involves the disposition of any money or property
exceeding the sum of fifty dollars in value, exclusive of interest, there
shall be an appeal in the same manner and upon the same conditions as
in the case of appeals allowed from judgments rendered by the trial
justice in civil cases.

Except as herein otherwise specifically provided, all statutes hereto-
fore enacted, except section forty-eight hundred and sixteen of the
Code, conferring any power, authority, or jurisdiction upon justices
of the peace in any civil action or proceeding, shall apply in like manner
to trial justices appointed hereunder.

(7) The trial justice shall, within his general jurisdiction within
the territory for which he is appointed, have power to issue warrants,
summons and subpoenas, including subpoenas duces tecum, in civil and
criminal cases, to be returnable before him.

No justice of the peace or mayor shall, within any county or in
any incorporated town located therein, or in any city, for which a trial
justice is appointed, exercise any civil or criminal jurisdication herein
conferred on such trial justice. Justices of the peace within their
respective counties and mayors or other trial officers, within their
respective territorial jurisdictions shall, however, have the same power
to issue attachments, warrants and subpoenas within the jurisdiction of
the trial justice as is conferred upon the trial justice, and they shall
also have power to grant bail in any case in which they are now
authorized by general law to grant bail and to receive their fees there-
for, but said attachments, warrants and subpoenas shall be returnable
before the trial justice for action thereon.

(8) Except as herein otherwise specifically provided, all the pro-
visions of law now in force or which may hereafter be enacted govern-
ing 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 enacted governing procedure, removal and appeals in
civil cases relating to civil and police justices and civil justices in cities,
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 the county. No appeal shall lie, however, in any civil case from a
trial justice’s court where the amount in controversy does not exceed
the amount of twenty dollars, exclusive of interest and costs.

(9) 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 imprisonment
exceed ten days for the same contempt. From any such fine or sen-
tence an appeal shall be allowed as appeals are allowed from such trial
justice in civil cases, and the proceedings in such appeal shall conform
in all other respects to the provisions of section forty-five hundred and
twenty-three.

(10) The trial justice shall have authority to take affidavits and
administer oaths and affirmations in all matters and proceedings, and
shall have power to issue all appropriate orders or.writs, including the
power to appoint guardians ad litem in all proper cases in aid of the
jurisdiction conferred upon him, but he shall have no authority to take
depositions or to take acknowledgments to deeds or other writings for
purposes of recordation.

(11) The trial justice shall also have and exercise, concurrently
with justices of the peace, the jurisdiction now or hereafter conferred
by general law upon justices of the peace in all matters in connection
with the adjudication and commitment of insane, epileptic, feeble-
minded, and inebriate persons, and the institution and conduct of pro-
ceedings therefor.

(12) Notwithstanding other provisions of sections forty-nine hun-
dred and eighty-seven-a to forty-nine hundred and eighty-seven-o, both
inclusive, to the contrary, any city and any incorporated town within
the jurisdiction of any trial justice appointed pursuant to the said sec-
tions 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.

(13) Nothing contained herein shall be so construed as to affect the
jurisdiction of the mayor or other trial officer of any city unless a trial
justice is appointed for such city in accordance with the provisions of
section forty-nine hundred and eighty-seven-c.

Section 4987-g. Appointment of clerks; powers and duties; com-
pensation ; disposition of fees collected.—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 herein-
after provided, but, except in counties where such clerk has already
been appointed, no such appointment shall be made by any trial justice
until the board of supervisors 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, as
if appointed hereunder, 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 or if clerk for one
or more counties and a city, by the board or boards of supervisors and
council thereof; provided, however, that in any county adjoining a
city having a population of one hundred and seventy thousand or more,
as shown by the United States census of nineteen hundred and thirty,
the salary of the clerk shall not be less than eighteen hundred dollars
per annum, nor more than twenty-four hundred dollars per annum.
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-seven-e, with respect to the payment of the salary of the trial
justice for whom he is clerk.

Such clerk shall be a conservator of the peace within the territory
for which the trial justice for whom he is clerk was appointed and
may within the jurisdiction, territorial and otherwise, of such trial
justice, 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. He shall have authority
to take affidavits and administer oaths and affirmations, but shall have
no authority to take depositions, or to take acknowledgments to deeds
or other writings for purposes or recordation. Such clerk shall keep
the docket and accounts for such trial justice and shall discharge such
other duties as may be prescribed by the trial justice. The clerk shall
be allowed annually a vacation period of two weeks with pay.

Notwithstanding any other provision of this act to the contrary, in
any county adjoining a city having a population of one hundred and
seventy thousand or more, as shown by the United States census of
nineteen hundred and thirty, such clerk shall issue all civil warrants
and other civil process returnable before the trial justice, and all war-
rants for violation of the ordinances or by-laws of such county and all
subpoenas for witnesses or other process in connection with the viola-
tion of such ordinances and by-laws, and no such warrants, subpoenas
or other process above mentioned shall hereafter be issued by any other
officer; except that where the plaintiff in a civil warrant is a resident
of such county but neither resides nor has an office or regular place of
business within ten miles of the county seat, such civil warrant and
subpoenas for witnesses thereunder may be issued by any justice of
the peace of such county.

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 install-
ment of the salary of the clerk, payable as is herein provided for pay-
ment 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.

Such clerk or substitute clerk shall receive no compensation for his
services other than the salary above provided. They shall deliver all
fees collected by them to the trial justice for distribution in the same
manner as provided for other fees collected by the trial justice.

Section 4987-h. Place of hearing and trial; where process return-
able-——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 or such other suitable place as the council of such town or
city shall provide therein for such purpose, and at such other times
and places in said county, or in a city of the second class located
therein or adjoining the same, 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 court-
house 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 desig-
nated place, or to the county seat, in order to subserve the convenience
of 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
defendants.

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.

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

Section 4987-1. Dockets; quarters, books and supplies.—Each trial
justice shall keep a docket, which said dockets shall be made uniform
and furnish 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 juris-
diction 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 4987-j. Keeping and disposition of papers.—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 one year 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 one year in accordance with the general law in relation to
abstracts of judgment and executions. Whenever an abstract of judg-
ment of such trial justice shall have been docketed in the clerk’s office
of the circuit court of the county, or corporation court of the city, in
which the case was disposed of, the clerk of such circuit or corporation
court shall have the same power and authority to issue executions on
such abstract of judgment as if the judgment were rendered in such
circuit or corporation court. In any case in which the accused is per-
mitted by the trial justice to pay in installments any fine imposed upon
him, the papers may be retained by the trial justice until the fine is
paid or the suspension revoked, provided such total period shall not
exceed three years after conviction. 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 4987-k. General supervisory power of circuit court.—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 exer-
cise general supervisory power over such trial justice for the purpose
of perfecting and enforcing any detail matter not otherwise provided
for herein.

Section 4987-l. Judge of juvenile and domestic relations court ; not
eligible to hold office of justice of peace otherwise elected or appointed.
—(1) The trial justice shall also be judge of the juvenile and domestic
relations court in each county and city in his territory.

(2) Any person hereafter appointed to the office of trial justice
shall not be eligible to hold the office of justice of the peace elected or
appointed other than under the provisions of sections forty-nine hun-
dred and eighty-seven-a to forty-nine hundred and eighty-seven-o, both
inclusive.

(3) A substitute trial justice shall be eligible to hold the office of
justice of the peace, but on any day on which he may act as trial
justice all fees accruing to him on that day, whether in his capacity as
justice of the peace or as substitute trial justice, shall be paid into
such treasuries are are prescribed by subsection (d), section 4987-m,
of this act.

Section 4987-m. Fees taxable and chargeably by trial justices and
clerks; disposition of fees and fines.—(a) The trial justice shall tax
in the costs for services rendered by him and his clerk in criminal
actions and proceedings and as judge of the juvenile and domestic
relations court, the following fees only:

(1) For issuing a warrant of arrest including the issuing of all
subpoenas, one dollar ;

(2) For issuing a search warrant, one dollar ;

(3) For trying or examining a case of misdemeanor or felony,
including swearing of witnesses and taxing costs, two dollars;

(4) For admitting any person to bail, including the taking of the
necessary bond, one dollar, which shall, notwithstanding other pro-
visions to the contrary, be collected at the time of admitting the person
to bail.
(b) The trial justice and his clerk shall charge and collect for
services rendered by them in civil actions and proceedings the follow-
ing fees only:

(1) For issuing any civil warrant, attachment, summons in inter-
rogatory proceedings or summons in garnishment, where there is one
defendant, fifty cents; where there are two or more defendants in the
same warrant, attachment or summons, fifty cents for the first defend-
ant and twenty-five cents for each additional defendant ;

(2) For issuing a summons for a witness, twenty-five cents for
each witness ;

(3) For trying and giving judgment on a civil warrant, notice of
motion, attachment or in a garnishment proceeding, including taxing
costs, issuing the first execution, filing papers upon return of execu-
tions, and issuing one abstract of judgment, one dollar, to be paid by
the plaintiff at or before the time of hearing;

(4) For issuing each additional execution and writ and each addi-
tional abstract of judgment, twenty-five cents;

(5) For approving any bond, fifty cents;

(6) For taking affidavits and administering oaths and affirmations,
twenty-five cents; but no fee shall be charged or collected for taking
affidavits or administering oaths or affirmations in any proceeding
pending before the trial justice.

(c) Enumeration of the foregoing fees shall not relieve any trial
justice or clerk from performing any duty imposed upon him by law,
although no fee be herein set forth covering the services required. In
all proceedings the trial justice shall tax as costs all charges properly
constituting the same.

(d) All fees paid to and collected by the trial justice including one-
half of all fees collected as Commonwealth’s attorney’s fees, but not
including fees belonging to officers other than the trial justice, his
clerk and the Commonwealth’s attorney, shall be turned promptly into
the treasury of the county or city in which the offense for which war-
rant issued was committed, if it be a criminal case, or in which the
case is tried, or was triable, if it be a civil case; the remaining one-half
of all fees collected as Commonwealth’s attorney’s fees shall be paid
promptly to the clerk of the circuit court who shall pay the same into
the treasury of the State; fines assessed for violations of city, town or
county ordinances shall be turned promptly 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.

(e) Nothing contained herein shall be so construed as to authorize
any trial justice or clerk to collect any fees payable by the State.

Section 4987-n. Appropriation.—In order to assist the several coun-
ties in carrying out the provisions of sections forty-nine hundred and
eighty-seven-a to forty-nine hundred and eighty-seven-o, both inclusive,
there shall be paid out of the State treasury, on warrants of the Comp-
troller, the sum of six hundred dollars annually to each county in this
State for which there shall be a trial justice functioning under the
provisions of the aforesaid sections; for such purpose there is hereby
appropriated the sum of sixty thousand ($60,000.00) dollars annually,
or so much thereof as may be necessary.

Section 4987-0. Providing for continuity between this and prior
trial justice systems ; exemption of certain counties ; adoption ; construc-
tion.—(a) In order to provide for continuity between the trial justice
system provided for in sections forty-nine hundred and eighty-seven-a
to forty-nine hundred and eighty-seven-o, both inclusive, and_ trial
justice systems previously existing under other acts, all judgments
validly rendered, all proceedings pending, all processes issued, and all
records and papers existing under any prior act or acts providing for
the appointment or selection of a trial justice for any county or
counties or city shall have the same force and effect and be treated as
rendered, pending, issued and existing, respectively, under the pro-
visions of sections forty-nine hundred and eighty-seven-a to forty-nine
hundred and eighty-seven-o, both inclusive.

(b) Nothing in sections forty-nine hundred and eighty-seven-a to
forty-nine hundred and eighty-seven-o, both inclusive, shall be con-
strued as affecting any county in this Commonwealth having a popula-
tion greater than five hundred inhabitants per square mile as shown by
the United States census of nineteen hundred and thirty, unless and
until the same shall be adopted by a majority of the qualified voters of
the said county voting in an election called for such purpose, in which
event the said sections shall apply to the said county, including all
incorporated towns therein, to the same extent as if the foregoing
exception had not been written into this section. The election herein
provided for shall be called, held and conducted and the results thereof
determined in accordance with the provisions of section twenty-seven
hundred and seventy-three-n of the Code of Virginia, in so far as
applicable, except that the ballot shall have printed thereon the
following :

Shall the county adopt the nineteen hundred and thirty-six trial
justice act

(sections 4987-a-4987-0 of the Code of Virginia) ?
For
Against
(Strike out one)

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

2. Be it further enacted by the General Assembly of Virginia, That
the following sections of the Code of Virginia and the following acts
of the General Assembly, and all amendments of such sections and acts
be, and they are hereby, repealed:

(a) Sections forty-nine hundred and eighty-eight and forty-nine
hundred and eighty-eight-a to forty-nine hundred and eighty-eight-p,
both inclusive, of the Code of Virginia;

(b) “An act to provide for the appointment of trial justices in
counties adjoining one or more cities having a population of thirty
thousand or more in the aggregate; to prescribe the terms of office,
jurisdiction, duties and compensation of such trial justices,’ approved
March twenty-fourth, nineteen hundred and twenty-two;

(c) “An Act to provide for the appointment of trial justices in
counties adjoining cities in the State of Virginia having a population
of one hundred and seventy thousand or more; to provide for the
appointment of clerks for such trial justices; and to prescribe the terms
of office, jurisdiction, duties and compensation of such trial justices
and clerks; and to prohibit and provide penalties for alteration or
failure to serve process issued by such trial justices and clerks,”
approved March fifteen, nineteen hundred and twenty-four ;

(d) “An act to provide for a trial justice in counties having a
population of not less than forty thousand nor more than forty-six
thousand, and to prescribe the term of office, jurisdiction, duties and
compensation of such trial justices,’ approved March seventeenth,
nineteen hundred and thirty; and

(e) “An Act to provide for the appointment of a 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,”
approved March twenty-fourth, nineteen hundred and thirty.

3. Be it further enacted by the General Assembly of Virginia, That
all other acts and parts of acts, both general and special, inconsistent
with the provisions of this act be, and they are hereby, repealed to the
extent of such inconsistency; but such repeal shall not affect in any
way the provisions of sections fifty-nine hundred and four-a to fifty-
nine hundred and four-i of the Code of Virginia, or any amendments
thereof, unless and until the qualified voters of any county coming
within the provisions of the said sections shall in accordance with
section forty-nine hundred and eighty-seven-o adopt the provisions of
sections forty-nine hundred and eighty-seven-a to forty-nine hundred
and eighty-seven-o, both inclusive.