Chap. 61.—An ACT to amend and reenact Section 4987-g, as amended, of the Code
of Virginia relating to appointment, compensation, powers and duties of clerks
of trial justices ; and disposition of fees collected by such clerks. {S 24]

Approved March 3, 1948

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

Section 4987-g. Appointment of clerks; powers and duties;
compensation; 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 terri-
tory 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 affirmations,
take depositions, in the same manner as a notary public or to take
acknowledgments to deeds or other writings for purposes of recor-
dation. 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 cen-
sus 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 is-
sued 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 ab-
sence 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 committee. Any deputy clerk so ap-
pointed shall qualify before the trial justice and give bond as re-
quired by section forty-nine hundred 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 continuance 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 distribu-
tion in the same manner as provided for other fees collected by the
trial justice.