Chap. 351.-—-An ACT to amend and re-enact Section 4987-g of the Code of
Virginia, as heretofore amended, relating to trial justices and clerks of
trial justice courts, so as to authorize the appointment of deputy clerks
and clerical assistants in certain cases. [H B 351]

Approved March 31, 1938

1. Be it enacted by the General Assembly of Virginia, That sec-
tion forty-nine hundred and eighty-seven-g of the Code of Virginia,
as heretofore amended, be amended and re-enacted so as to read as fol-
lows:

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 hereinafter
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 salaries of the clerk, deputy clerks and clerical assistants shall be
paid out of the treasury of the county or counties or city, for which
such trial justice is appointed by agreement, or in the proportion pro-
vided in section forty-nine hundred and eighty-seven-e, with respect to
the payment of the salary of the said trial justices.

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
erant bail in misdemeanor cases. He shall have authority to take afh-
davits and administer oaths and affirmations, but shall have no author-
ity to take depositions, or to take acknowledgments to deeds or other
writings for purposes of 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 provisions of this act to the contrary
in any county adjoining a city having a population of one hundred anc
seventy thousand or more, as shown by the United States census o
nineteen hundred and thirty, such clerk shall issue all civil warrant:
and other civil process returnable before the trial justice, and no suct
warrants, or other process above mentioned shall hereafter be issued by
any other officer; except that where the plaintiff in a civil warrant i:
a resident of such county but neither resides nor has an office or regu.
lar place of business within ten miles of the county seat, such civi
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 tria
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 act-
ing as such, the clerk or substitute clerk may perform all acts with
reference to proceedings or duties of the other in the same manner and
with the same effect as if they were his own.

The board of supervisors or other governing body or bodies of
the political subdivision of subdivisions for which the trial justice is
appointed may authorize such trial justice to appoint as many deputy
clerks and clerical assistants as may be necessary for the efficient opera-
tion of the court, the salaries of such deputies and assistants to be
fixed by the said governing body or bodies as the case may be. Any
deputy clerk so appointed shall qualify before the trial justice and give
bond as required by section forty-nine hundred and eighty-seven-d, and
shall have authority to act for the clerk and may discharge any of the
official duties of the clerk during his continuance in office.

Such clerk, deputy clerk or substitute clerk shall. receive no com-
yensation for his services other than the salary above provided. He
shall deliver all fees collected by him to the trial justice for distribution
n the same manner as provided for other fees collected by the trial
justice. .