Chap. 333.—An ACT to amend and re-enact Section 5904-a, and Sections 5904-c,
5904-e, and 5904-f, as amended, of the Code of Virginia, relating to the county
court in certain counties. [S 241]

Approved March 29, 1944

Be it enacted by the General Assembly of Virginia :

1. That section fifty-nine hundred four-a. and sections fifty-nine
hundred four-c, fifty-nine hundred four-e, and fifty-nine hundred four-f,
as amended, of the Code of Virginia be amended and re-enacted, as
follows:

Section 5904-a. In each county of this Commonwealth having a
population greater than five hundred inhabitants a square mile, as shown
by the last preceding United States census, there shall be chosen by the
qualified voters of the county, at the general election on the Tuesday
after the first Monday in November, nineteen hundred thirty-one, for
a period of four years, and every four years thereafter, a trial justice
for the county, whose court shall be known as the county court, and
who shall be a resident and qualified voter of the county and a member
of the bar thereof. He shall hold office from the first day of January
next succeeding his election. Any vacancy occurring in the office shall
be filled for the unexpired term by the judge of the circuit court of the
county. The justice shall not practice law, within or without this State,
during his continuance in office and he shall receive a salary of four
thousand dollars per annum payable in monthly installments out of the
county treasury; provided that for the year nineteen hundred forty-five
and each year thereafter his annual salary shall be five thousand dollars.

Section 5904-c. The county clerk shall be ex officio clerk of the
county court and shall collect for services performed by him the same
fees provided by law for similar services performed by clerks of circuit
courts, trial justices and justices of the peace and shall account for all
such fees so collected: by him in accordance with the provisions of sec-
tions thirty-five hundred sixteen and thirty-five hundred sixteen-a of
the Code and other applicable provisions of law relating to the compen-
sation of clerks of circuit courts; the expenses incurred by him in the
performance of his duties as clerk of the county court shall be treated
as part of the expenses of his office as county clerk, and proper allowance
shall be made him therefor; provided the amount to be collected as
clerk’s costs in any case shall not be in excess of the following schedule:
principal amount involved, exclusive of interest and costs, one hundred
dollars or less, the sum of two dollars; principal amount in excess of one
hundred dollars and not in excess of two hundred dollars, the sum of
three dollars; and in all cases when the principal amount exceeds two
hundred dollars, the sum of three dollars and fifty cents.

All the duly qualified deputies of the county clerk shall be deputy
clerks of the county court and shall have the same powers and authority
with respect to the duties of the clerk as they lawfully possess or exer-
cise with respect to the duties of deputy county clerks in the circuit court
of the county.
Section .5904-e. All prosecutions in the county court for misde-
meanors and for violations of county ordinances shall be by warrant
issued by the justice of the court in the manner provided by chapter
one hundred ninety-two of the Code. All proceedings in civil cases,
including proceedings ex-contractu and ex-delicto except attachments
and proceedings of unlawful entry and detainer and actions in detinue
shall be by notice of motion as provided by section sixty hundred forty-
six of the Code; provided that in civil actions for the recovery of monev
when the amount sued for does not exceed three hundred dollars ex-
clusive of interest and cost the proceeding may be by warrant issued
by the justice or clerk, but no such warrant, except with the consent
of the parties, shall be tried within less than five days after it is returned
to the clerk’s office. All judgments for money rendered by the county
court shall be promptly docketed and indexed by the county clerk in
the current judgment lien docket in his office. Attachments shall be
as is provided by chapter two hundred sixty-nine of the Code, unlawful
entry and detainer by chapter two hundred twenty-three of the Code,
and actions in detinue by chapter two hundred thirty-seven of the Code.

Garnishment proceedings may be instituted and conducted by the
county court, based upon executions issued on judgments for the prin-
cipal sum of not more than one thousand dollars, whether recovered
in the county court or in the circuit court. .

The court shall have the power to make and enforce such reasonable
rules of practice as are not in conflict with law; provided that no such
rules shall be promulgated except by order duly entered in the order
book of the court and approved by the circuit court of the county or
the judge in vacation.

Section 5904-f. The county court shall be open for the transaction
of business every day in the year except Sundays and legal holidays, but
the justice shall be allowed annually a vacation period of not more than
one month. The justice shall by proper order entered of record, appoint
as substitute justice, a person of like qualifications as herein provided
for the justice, provided that he shall not practice law in the county court,
while holding such appointment, and the justice may at any time revoke
any such appointment and make a new appointment. In the event of
the inability of the justice to perform his duties by reason of sickness,
absence, vacation, interest in the matter in controversy, relationship to
any party in interest, or when bias or prejudice on the part of the justice
is shown in the same manner as is provided by law with reference to the
judge of a circuit court, the substitute justice shall perform the duties
of the office during the absence or disqualification of the justice, and
the substitute justice shall receive for his services a monthly compensa-
tion of one hundred dollars payable out of the county treasury. While
acting as such, the substitute justice shall have the same powers and
perform the same duties as the justice.