CHAPTER 303

An Act to amend and reenact § 16-78 of the Code of Virginia, relating to
keeping of papers in offices of trial justices.
[S 257]

Approved March 11, 1952

Be it enacted by the General Assembly of Virginia:

1. That § 16-78 of the Code of Virginia be amended and reenacted as
follows:

§ 16-78. All papers connected with any of the proceedings before
the trial justice, except such as may relate to cases appealed or removed,
or which by law are required to be sooner returned to the clerk’s office
of the circuit court, shall remain in the office of the trial justice or of the
clerk appointed by him hereunder for six months after final disposition
of the proceeding by judgment or otherwise by the trial justice. And
executions and abstracts of judgment and additional executions in such
proceedings may be issued by such trial justice or clerk at any time
during a period of two years in accordance with the general law in relation
to abstracts of judgment and executions. But in any county adjoining
any city having a population in excess of * two hundred * twenty-five
thousand, all such papers shall remain permanently in the office of the
trial justice, or the clerk appointed by him hereunder, and executions and
abstracts of judgment and additional executions in such proceedings may
be issued by such trial justice or clerk at any time in accordance with the
general law in relation to abstracts of judgment and executions.

In any case in which the accused is permitted by the trial justice
to pay in instalments any fine imposed upon him, the papers may be
retained by the trial justice until the fine is paid or the suspension revoked,
provided such total period shall not exceed three years after conviction.

At the end of such period, such papers shall be returned to the clerk’s
office of the circuit court of the county or of the corporation court of the
city in which the case was disposed of and shall be properly filed, indexed
and preserved by the clerk thereof, who shall receive a fee of twenty-five
cents for filing and indexing the papers in each case.