Chap. 251.—An ACT to amend and re-enact Section 4987-e of the Code of Vir-
ginia, as amended, relating to the salaries and expenses of office of trial
justices. [H B 59]

Approved March 25, 1946

Be it enacted by ‘the General Assembly of Virginia:

1. That section forty-nine hundred eighty-seven-e of the Code
of Virginia, as amended, be amended and re-enacted, as follows:

Section 4987-e. Salaries and expenses of office of trial justices —
(1) On or before the first day of July, nineteen hundred 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 assis-
tants, 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 the 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 forty-two and ending December thirty-first, nineteen hundred forty-
two, and shall meet in the month of December, nineteen hundred forty-
two, and in December every year thereafter, for the purpose of fixing
such salaries for the ensuing calendar year. The committee 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 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 con-
tinue to be collected and paid by the trial justice into the State treasury,
except that one-half of the fees collected for services of attorneys 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 prescribed,
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 in-
habitants 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, except in counties
having a population of more than ten thousand five hundred inhabitants
but not more than eleven thousand eight hundred inhabitants, and having
an area of more than two hundred and thirteen square miles but not
more than two hundred and twenty-four square miles, such salaries shall
be not less than one thousand dollars nor more than twenty-four hun-
dred dollars.

In counties having a population of more than twenty thousand in-
habitants but not more than twenty-five thousand inhabitants, and in
counties having a population of more than ten thousand five hundred
inhabitants but not more than eleven thousand eight hundred inhabitants,
and having an area of more than two hundred and twelve square miles
but not more than two hundred and twenty-four square miles, such
salaries shall not be less than one thousand nor more than three thousand
dollars.

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 thous-
and dollars.

In counties having a population of more than forty thousand in-
habitants 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 section.

For the purpose of this section, the population of each county shall
be according to the last preceding United States census; provided that
in any case in which it shall be shown to the satisfaction of the commit-
tee that the adoption of such census will result in an injustice to any trial
justice, the committee may accept an estimate of such population based
upon evidence satisfactory to the committee. The maximum limits of the
salaries provided by this section are hereby increased to the extent of fif-
teen hundred dollars in the case of officers in counties adjoining 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. Pro-
vided 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 section 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,
substitute trial justices, clerks, deputy clerks, and clerical assistants under
this section, out of the appropriations in the general appropriation act
for criminal charges.