CHAPTER 494

AN ACT to amend and reenact §§ 5904-c, 5904-e, 5904-f, 5904-g and
5904-h of the Code of 1919, as amended, which were continued
in force by § 16-50 of the Code. of 1950, the sections generally
relating to courts in certain counties, and, respectively, to fees
of clerks, procedure in such courts, substitute justices, com-
pensation of officers of such courts, and special magistrates.

[S 352]
Approved April 7, 1950

Be it enacted by the General Assembly of Virginia:

1. That §§ 5904-c, 5904-e, 5904-f, 5904-¢ and 5904-h of the Code of
1919, as amended, which were continued in force by § 16-50 of the
Code of 1950 be amended and reenacted as follows:

§ 5904-c. Clerk of Court.—The county clerk shall be exoftico
clerk of the county court and shall collect for services performed
by him the same fees provided by law for similar services per-
formed 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 * § 14-155 of the Code of 1950
and other applicable provisions of law relating to the compensation
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. Upon conviction of any
misdemeanor or violation of a county ordinance the clerk shall
charge the accused one dollar and twenty-five 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 law-
fully possess or exercise with respect to the duties of deputy
county clerks in the circuit court of the county.
§ 3904-e. Warrants; Motions; Attachments.—All prosecutions
in the county court for misdemeanors and for violations of county
ordinances shall be by warrant or summons issued by the judge *
or other magistrate in the the manner provided by * titles 18, 19
and 52 of the Code of 1950. All proceedings in civil cases includ-
ing proceedings ex contractu and ex delicto except attachments and
proceedings of unlawful entry and detainer and actions in detinue
shall be * by motion as in courts of record; provided that in civil
actions for the recovery of money when the amount sued for does
not exceed three hundred dollars exclusive of interest and cost the
proceeding may be by warrant issued by the * judge. 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, * unlaw-
ful entry and detainer * and actions in detinue shall be governed
by * title 8 of the Code of 1950. Distress warrants and summons
in detinue may be issued by the clerk.

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

The said court shall have power to continue cases for more
than ninety days, and to keep an inactive docket from which such
cases may be removed by either party and reinstated on the active
docket upon motion after five days’ notice to the adverse party or
his counsel, provided that after a case remains on the inactive
docket for one year, the court may dismiss the case upon five days’
notice to all parties or their counsel.

The court shall have the power to make and enforce such rea-
sonable 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.

§ 5904-f. When court open; substitute judges.—The court
shall be open for the transaction of business every day in the year
except Saturdays, Sundays, and legal holidays but the judge shall
be allowed annually a vacation period of not more than one month.
The judge shall by proper order entered of record, appoint * one
associate judge, a person of like qualification as herein provided
for the judge, provided that he shall not practice law in the county
court, while holding such appointment, and the judge may at any
time revoke any such appointment and make a new appointment.
The judge may, in a like manner, and with like powers of revoca-
tion, appoint * substitute judges but not to exceed two without the
consent of the circuit court or the judge thereof in vacation. In
the event of the inability of the judge to perform his duties by rea-
son of sickness, absence, vacation, interest in the matter in con-
troversy, relationship to any party in interest, or when bias or
prejudice on the part of the judge is shown in the same manner
as is provided by law with reference to the judge of a circuit court,
* or when the volume of business of the court so requires, the
associate judge or a substitute judge shall perform the duties of
the office. The judge, or in his absence or disqualification, the as-
sociate judge, shall determine which substitute shall act. The as-
sociate judge shall receive for his services a monthly compensation
of one hundred and twenty-five dollars, payable out of the county
treasury. Each substitute judge shall, while so acting, receive for
his services a per diem compensation equivalent to one-twenty-fifth
of a month’s salary of the judge of the county court. While acting
as such the associate judge, and each substitute judge, shall have
the same power and perform the same duties as the Judge.

§ 5904-2. Compensation and fees.—Neither the * judge, as-
sociate judge, substitute judges, nor the clerk shall receive any
other compensation, either directly or indirectly for his services
as such, except that provided for in these sections numbered 5904-a
through 5904-1, both inclusive. The clerk shall collect no trial fee
from the plaintiff where the amount in controversy does not exceed
fifty dollars, exclusive of interest and costs, but shall collect from
the plaintiff a trial fee of one dollar where the amount in con-
troversey exceeds fifty dollars but does not exceed three hundred
dollars, exclusive of interest and cost, and a trial fee of two dollars
and fifty cents where the amount in controversy is in excess of
three hundred dollars. The trial fee shall be taxed as part of the
costs. All fees and costs, to which the * judge, associate judge, or
substitute judges shall be entitled shall be paid monthly into the
county treasury, from the proceeds of which, insofar as possible,
the salaries and per diem of the * judges of said court shall be
paid. Any surplus shall belong to the general county fund.

§ 5904-h. Transfer of jurisdiction of justices and juvenile
justices.— Where a county court is established in a county, as pro-
vided by these sections numbered 5904-a through 5904-1, both inclu-
sive, all of the jurisdiction heretofore conferred upon justices of
the peace, trial justices and juvenile and domestic relations
justices is hereby transferred to and vested in the county court.
From the date the * judge of such court qualifies, the office of
justice of the peace, trial justice and juvenile and domestic rela-
tions justice in such county shall cease and are abolished. There-
after no justice of the peace, trial] justice or juvenile and domestic
relations justice in such county shall further act as such, whether
his.or their term or terms shall have expired or not; provided,
however, that no justice of the peace shall hereafter be elected in
any county to which this act is applicable except as provided
herein.

For the purpose of carrying out the powers and duties ordt-
narily exercised by juvenile and domestic relations courts, the doc-
kets and records of such juvenile and domestic relations branch
of the court shall be separate and distinct from the other dockets
and records of the county court as if it were a separate court.