Chap. 219.—An ACT to amend, as heretofore amended, and to re-enact Section
4987-2 of the Code of Virginia, relating to trial justices and clerks of trial
justice courts, so as to increase the maximum possible salary of clerks under
certain circumstances. [H B 45]

Approved March 13, 1942

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

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 suck:
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 counci
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, a
the pleasure of the trial justice, as if appointed hereunder, and receive thi
salary now fixed, except as the same may be changed by the board o1
boards of supervisors for the county or counties for which he has beer
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 hun-
dred and thirty, the salary of the clerk shall not be less than eighteen hun-
dred dollars per annum, nor more than thirty-six 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
provided 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 war-
rants and processes original, mesne and final, both civil and criminal, issue
abstracts of judgments and subpoenas for witnesses, and grant bail in mis-
demeanor 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 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 and
seventy thousand or more, as shown by the United States census of nine-
teen hundred and thirty, such clerk shall issue all civil warrants and other
civil process returnable before the trial justice, and no such warrants, 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 busi-
ness 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 jus-
tice may appoint a substitute clerk who, having qualified and given bond
as required of the clerk hereunder shall perform all the duties of the of-
fice 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 substi-
tute 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. a
Hs. 219, 220, 221] ACTS OF ASSEMBLY Jli

The board of supervisors or other governing body or bodies of the
litical subdivision or subdivisions for which the trial justice is appointed
aay authorize such trial justice to appoint as many deputy clerks and
lerical assistants as may be necessary for the efficient operation of the
ourt, the salaries of such deputies and assistants to be fixed by the said
overning body or bodies as the case may be. Any deputy clerk so ap-
jointed shall qualify before the trial justice and give bond as required by
ection forty-nine hundred and eighty-seven-d, and shall have authority to
ct for the clerk and may discharge any of the official duties of the clerk
luring his continuance in office.

Such clerk, deputy clerk or substitute clerk shall receive no compen-
ation for his services other than the salary above provided. He shall de-
iver all fees collected by him to the trial justice for distribution in the
same manner as provided for other fees collected by the trial justice.