Chap. 376.—An ACT to amend and re-enact Sections 4987-a as amended, 4987-b as
amended, 4987-c, 4987-e, 4987-g as amended, 4987-1 and 4987-m, of the Code of
Virginia, so as to provide for the fixing of the salaries of trial justices and their
associates, substitutes, clerks, deputy clerks and clerical assistants, by a com-
mittee of judges of circuit courts; to provide for the appointment of such com-
mittee; to provide that such salaries shall be paid wholly by the State; and to
provide for the disposition of fees and fines collected by the trial justices.

, [H B 180]
Approved April 2, 1942

I. Be it enacted by the General Assembly of Virginia, That sec-
tions forty-nine hundred and eighty-seven-a as amended, forty-nine
hundred and eighty-seven-b as amended, forty-nine hundred and eighty-
seven-c, forty-nine hundred and eighty-seven-e, forty-nine hundred and
eighty-seven-g as amended, forty-nine hundred and eighty-seven-l and
forty-nine hundred and eighty-seven-m, of the Code of Virginia, be
amended and re-enacted, 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 vaca-
tion, a trial justice, who shall be a resident of the territory, or of a city
lying wholly in any county in such territory, for which he is appointed ;
provided, however, that no such trial justice shall be a resident 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 ac-
cording to the United States census latest preceding; and provided,
further, that any trial justice or substitute trial justice of a county adjoin-
ing a city containing a population of more than one hundred and seventy-
five thousand by the last United States census, who resides in territory
annexed to any such city, may continue to reside in such annexed terri-
tory for a period of two years after such annexation, and during said
time shall be eligible for re-appointment as trial justice or substitute trial
justice for said county and to hold said office and discharge the duties
thereof. Every trial justice heretofore appointed or selected and, immedi-
ately prior to this section becoming effective, functioning under any then
cH. 3/6] ACTS OF ASSEMBLY 575

existing law shall, however, unless otherwise provided, continue 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 pro-
visions 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 prelimi-
nary 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 trom
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 in 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 more 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 jurisdiction
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 a salary, fixed by the committee
hereinafter provided for not to exceed twelve hundred dollars ($1,-
200.00) per annum. The said associate trial justice shall be subject to
all the conditions, 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 substitute trial justice; compen-
sation; duties, substitute trial justices in office continued—The circuit
court for each such county or the judge thereof in vacation, shall appoint
a substitute trial justice and may at any time revoke such appointment,
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 peridiem compensation equivalent to one-twenty-fifth of
the monthly installment of the salary of the trial justice, which, in the
discretion of the committee hereinafter provided for, 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.
The trial justice shall be allowed an annual vacation period of two weeks,
with pay.

In the event of the inability of both the trial justice and the substitute
trial justice to hear any case for any of the reasons above mentioned, the
judge of the circuit court shall appoint a trial justice of another county
or appoint some disinterested resident practicing attorney at law to hear
such case, and his judgment thereon shall, to all intents and purposes,
be the judgment of the court of such trial justice.

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 discre-
tion of the judge or judges of the circuit courts for such counties, be
combined, and one trial justice and one substitute trial justice be ap-
pointed 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 appointment 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 provided,
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 ap-
pointment 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 fol-
cH. 376] ACTS OF ASSEMBLY 577

lowed, 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, or for
two or more counties, any county or city, by resolution adopted by a
majority vote of the governing body of such county or city, and after
six months notice to the governing body or bodies of the city, 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 com-
bined territory shall no longer have any jurisdiction conferred by this
act within such city. Nothing herein contained shall affect the charter
provisions of cities relating to appointment and duties of police justices.

Section 4987-e. Salaries and expenses of office of trial justices —
(1) On or before the first day of July, nineteen hundred and forty-two,
the Governor shall appoint three of the circuit court judges to constitute
a committee, to serve at the pleasure of the Governor, and to meet at
such times and places as the committee may from time to time designate,
for the purpose of fixing the salaries of the trial justices of the counties
of Virginia, which salaries shall be within the limits and upon the basis
prescribed in subsection (3) of this section. The committee shall also fix
the salaries of the trial justices’ clerks, deputy clerks, and clerical assist-
ants, in all cases where the committee is of opinion that the employment
of such clerks, deputy clerks, and clerical assistants, is necessary. The
committee shall not allow any expense for supplies (office), printing,
et cetera, but such expenses shall be borne by the respective counties.
The members of the committee shall receive no compensation but shall
be reimbursed out of the money appropriated for payment of the crimi-
nal expenses of the State, for their actual expenses incurred in the per-
formance of their duties hereunder.

The committee shall meet as soon after their appointment as may
be practicable, at such place or places as they may agree upon, and fix
the salaries of the several trial justices, clerks, deputy clerks, and clerical
assistants, for the six months period beginning July first, nineteen hun-
dred and forty-two and ending December thirty-first, nineteen hundred
and forty-two, and shall meet in the month of December, nineteen hun-
dred and forty-two, and in December every year thereafter, for the
purpose of fixing such salaries for the ensuing calendar year. The com-
mittee may call upon any trial justice for information with respect to the
operation of his office, and shall, as soon as may be practicable after any
such meeting, certify to the Comptroller a detailed statement of the
amounts of the salaries fixed by them for the several trial justices, their
clerks, deputy clerks, and clerical assistants, for the period for which the
same are fixed at such meeting.

(2) On and after July first, nineteen hundred and forty-two, all
fees and commissions provided by law to be collected by the trial justice
on behalf of his county or counties or county and city combined, shall
continue to be collected and paid by the said trial justice into the State
578. ACTS OF ASSEMBLY [va., 1942

treasury, except that one-half of the fees collected for services of at-
torneys for the Commonwealth shall continue to be paid into the county
treasury.

(3) The annual salaries of trial justices in counties of the Com-
monwealth under this act shall be within the limits hereinafter pre-
scribed, that is, to say:

In counties having a population of five thousand inhabitants or less,
such salaries shall not be less than seven hundred dollars nor more than
one thousand dollars.

In counties having a population of more than five thousand inhabi-
tants but not more than ten thousand inhabitants, such salaries shall not
be less than nine hundred dollars nor more than eighteen hundred dollars.

In counties having a population of more than ten thousand inhabi-
tants but not more than twenty thousand inhabitants, such salaries shall
not be less than one thousand dollars nor more than twenty-four hundred
dollars. :

In counties having a population of more than twenty thousand in-.
habitants but not more than twenty-five thousand inhabitants, such
salaries shall not be less than one thousand dollars nor more than three
thousand -dollars. | : 7

In counties having a population of more than twenty-five thousand
inhabitants but not more than thirty thousand inhabitants, such-salaries.
shall not be less than fifteen hundred dollars nor more than thirty-five
hundred dollars. . . |

' In counties having a population of more than thirty thousand in-
habitants but not more than forty thousand inhabitants, such salaries
shall not be less than two thousand dollars nor more than four thousand
dollars. com,

In counties having a population of more than forty thousand but
not more than fifty thousand inhabitants, such salaries shall not be less
than two thousand nor more than four thousand five hundred dollars.

In counties having a population of more than fifty thousand inhabi-
tants, such salaries shall not be less than three thousand dollars nor more
than five thousand dollars.

Whenever a trial justice is such for two or more counties, or for a
county and city combined, the aggregate population of such political
subdivisions shall be the population for the purpose of arriving at the
classification of such trial justice under the provisions of this act. ,

For the purpose of this act, the population of each county shall be
according to the last preceding United States census. The maximum
limits of the salaries provided by this act are hereby increased to the
extent of fifteen hundred dollars in the case of officers in counties adjoin-
ing one or more cities of more than twenty-five thousand inhabitants,
whether such cities be within or without this State or in the case of officers
of any county having within its boundaries a United States Marine Base.
Provided, however, that in no case shall the maximum salary of any trial
justice exceed the sum of five thousand dollars.

(4) The salaries fixed in accordance with the preceding part of this
act shall be paid in equal monthly installments, within the limits fixed
by the committee.
(5) The State shall pay all of the salaries of the trial justices, sub-
stitute trial justices, clerks, deputy clerks, and clerical assistants under
this act, out of the appropriations in the general appropriation act for
criminal charges.

Section 498/7-g. Appointment of clerks; powers and duties; com-
pensation ; disposition of fees collected—Any trial justice in the counties
of Virginia 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 by the committee.

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 affirmatives, 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 latest
preceding, 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 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 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 committee, may be
deducted from the salary of the clerk; provided 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 reference to proceedings or duties of the other in
the same manner and with the same effect as if they were his own.

The committee may authorize such trial justice to appoint as many
deputy clerks and clerical assistants as may be necessary for the efficient
operation of the court, the salaries of such deputies and assistants to be
fixed by the said committee. 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 con-
tinuance in office. The deputy clerks and clerical assistants shall be
allowed annually a vacation period of two weeks, with pay.

Such clerk, deputy clerk or substitute clerk shall receive no com-
pensation for his services other than the salary above provided. He shall
deliver 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.

Section 4987-1. Judge of juvenile and domestic relations court;
not eligible to hold office of justice of peace otherwise elected or ap-
pointed—(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 promptly, to the
clerk of the circuit court, who shall pay same into the treasury of the
State.

~ Section 4987-m. Fees taxable and chargeable 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 provisions
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 following
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 defendant
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
cus. 376, 377] ACTS OF ASSEMBLY 581

costs, issuing the first execution, filing papers upon return of executions,
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 con-
stituting the same.

(d) All fees paid to and collected by the trial justice, the substitute
trial justice, the trial justice clerk, or substitute trial justice clerk, but
not including fees belonging to officers other than the trial justice, his
clerk, or clerks, shall be paid promptly to the clerk of the circuit court,
who shall pay same into the State treasury. If a fee is collected for serv-
ices of the attorney for the Commonwealth, one-half of such fee shall be
paid into the treasury of the county or city in which the offense for which
warrant issued was committed, and the other one-half of the fees collected
for the services of the attorney for the Commonwealth shall be paid
promptly to the clerk of the circuit court, who shall pay same into the
treasury of the State. Fines collected for violations of city, town, or
county ordinances shall be paid promptly into the treasury of the city,
town, or county whose ordinance has been violated. All fines collected
for violations of the laws of the Commonwealth shall be paid promptly
to the clerk of the circuit court, who shall pay the same into the treasury
of the State.

__ 2, Be it further enacted, That all acts and parts of acts, both gen-
eral and special, including charters of cities and towns, inconsistent with
the provisions of this act, as amended, are hereby repealed to the extent
of such inconsistencies. Provided, however, that such repeal shall not
affect in any way the provisions of chapter one hundred and forty-three,
Acts of nineteen hundred and forty, amending the charter of the town
of Franklin, in Southampton County.