Chap. 12.—An ACT to amend and re-enact Section 4987-d of the Code of Virginia,
and Section 4987-j of the Code of Virginia, as heretofore amended, Section
4987-d relating to oath and bond of trial justices, substitute trial justices, and
clerks of trial justice courts, and Section 4987-j relating to the return of papers

by trial justices to clerks’ offices, and issuing executions and abstracts of judg-
ments. [fH B 20]

Approved February 12, 1942

1. Be it enacted by the General Assembly of Virginia, That section
forty-nine hundred and eighty-seven-d of the Code of Virginia, and
section forty-nine hundred and eighty-seven-j of the Code of Virginia, as
heretofore amended, be amended and re-enacted, as follows:

Section 4987-d. Oath and bond.—Before entering upon the per-
formance of their duties, the trial justice and the substitute trial justice,
and clark if a clerk he annninted ac hereinafter nrovided. shall each take
the oath required by law, before the court, judge or clerk before whom
bond is given as next herein provided, and shall each enter into bond be-
fore the circuit court of the county, or of each county, or the hustings or
corporation court of the city, for which they are appointed, or before the
judge of such court, in vacation, or before the clerk of such court, in the
penalty of not less than five hundred dollars nor more than two thousand
dollars in the discretion of such court or judge, with surety to be ap-
proved by the court, judge or clerk before whom said bond is given, and
conditioned for the faithful performance of their duties.

Section 4987-j. Keeping and disposition of papers.—All papers con-
nected 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 six months 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 a period of two years in accordance
with the general law in relation to abstracts of judgment and executions ;
provided that in any county adjoining any city having a population in ex-
cess of one hundred and seventy-five thousand, according to the last pre-
ceeding United States census, all such papers shall remain permanently in
the office of the trial justice, or the clerk appointed by him hereunder, and
executions and abstracts of judgment’ and additional executions in such
proceedings may be issued by such trial justice or clerk at any time in
accordance with the general law in relation to abstracts of judgment and
executions. Whenever the trial justice or his clerk, makes out any abstract
of a judgment rendered by such trial justice, he shall note thereon whether
or not an execution has been issued on said judgment, and if so, the date
of the issuance thereof, the name of the officer to whom directed, and the
officer’s return thereon, if any, and when said abstract of judgment is
docketed in the clerk’s office of the circuit court of the county, or corpora-
tion court of the city, in which the case was disposed of, the clerk of such
circuit or corporation court shall, at the time he dockets the same, note
at an appropriate place on the lien docket, the information so furnished
by the trial justice as to whether or not he had issued an execution on said
judgment ; and the officer’s return thereon, if any, and after said judg-
ment shall have been so docketed, 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 permitted 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 a fee of twenty-five cents for filing and indexing the papers in
each case.