CHAPTER 612

An Act to amend and reenact §§ 5904-a and 5904-b, as amended, of the
Code of 1919, which were continued in effect by § 16-50 of the Code
of Virginia, and §§ 5904-e and 5904-h, as amended, of the Code of
1919, which was incorporated by reference by § 16-50.1 of the Code
of Virginia, relating to county courts in certain counties.
Be it enacted by the General Assembly of Virginia:

1. That §§ 5904-a and 5904-b, as amended, of the Code of 1919, which
were continued in effect by § 16-50 of the Code of Virginia, and §§ 5904-e
and 5904-h, as amended, of the Code of 1919, which was incorporated by
reference by § 16-50.1 of the Code of Virginia, be amended and reenacted
as follows:

§ 5904-a. In each county of this Commonwealth having a popula-
tion greater than two thousand 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, who shall be known as the judge of the county court and
whose court shall be known as the county court, and who shall be a resi-
dent 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 un-
expired term by the judge of the circuit court of the county. The judge
shall not practice law, within or without this State, during his continu-
ance in office and he shall receive an annual salary, payable in monthly
installments out of the county treasury, of siz thousand dollars; provided
that on and after July first, nineteen hundred * fifty-two, such salary
shall be increased to * eight thousand dollars.

§ 5904-b. Such county courts shall have exclusive original jurisdic-
tion for the trial of all prosecutions for misdemeanors; for violation of
county ordinances; and in all actions of a civil nature, whether arising
ex contractu or ex delicto, including proceedings by attachment, actions
in detinue and unlawful entry and detainer, other than actions involving
the title or boundary to real estate; shall have original exclusive jurisdic-
tion where the amount in controversy, exclusive of interest and costs,
does not exceed the sum of three hundred dollars, and concurrent juris-
diction with the circuit courts of such counties where the amount in
controversy in such cases, exclusive of interest and costs, exceeds the
sum of three hundred dollars, and does not exceed the sum of one thousand
dollars; provided that where the jurisdiction is concurrent as herein pro-
vided, the judge shall, at any time before trial, upon application of the
defendant, if made within ten days of service of process upon him, and
upon the payment by him of the costs accrued and writ tax, remove the
case, and all the papers thereof, to the circuit court of such county, and
the clerk of such court shall forthwith docket the case, and provided
that with the consent of all parties the court shall at any time prior to
trial order such removal upon payment of costs and writ tax.

In all attachment cases, the proceedings shall be in conformity with
the applicable provisions of Chapter 269 of the Code of * 1919, as continued
in force by the Code of 1950; and orders of publication may be awarded.
published and posted in accordance with the provisions of * §§ 8-71 and
8-72 of the Code of 1950. Any attachment case in which real estate may
be levied upon, or in any way involved, shall be transferred from the
county court to the circuit court of the county for appropriate proceed-
ings in such court.

The county court shall have exclusive original jurisdiction for the
trial and disposition of all misdemeanor violations of * Title 4 of the
Code of 1950 and shall have the same power with reference to the sus-
pension of sentences that is vested in the circuit and corporation courts.

The county court shall have exclusive jurisdiction for the preliminary
examination of felony cases, with power to discharge or commit for trial
as provided by * §§ 19-79, 19-82, 19-83, 19-84, 19-96 and 19-101 of the
Code of 1950.

An appeal as of right to the circuit court shall lie from the judgment
of the county court in any misdemeanor case, prosecution for violation
of county ordinances, or civil case, upon the same terms and conditions
now provided by law for appeals from justices of the peace, provided, that
no appeal shall be allowed in a criminal or in a civil case unless taken within
ten days of the time of judgment rendered by the county court and unless
the amount in controversy in a civil case, exclusive of interest and costs,
exceeds the sum of twenty dollars; provided that, any other provisions
of law to the contrary notwithstanding, on any appeal in a civil case in lieu
of giving bond the appellant may deposit with the county clerk, who shall
issue his official receipt therefor, such sum of money as the judge esti-
mates to be sufficient to discharge any judgment that may be rendered by
the circuit court on the trial of the appeal.

On motion after two days’ notice to the opposite party or his counsel
made within ten days from the date of judgment rendered the county
court shall have power to modify, vacate or suspend the judgment or to
grant a new trial. Should no appeal be perfected or motion made within
ten days from the date of judgment rendered, the judgment shall be final.

The county court, or the judge thereof in vacation, shall have the
power to admit all persons charged with crime to bail unless bail shall
have theretofore been refused by the circuit court, or the judge thereof.

§ 5904-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 manner provided by Titles 18, 19 and 52 of the Code of 1950. 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 motion as in courts of record; provided that
un civil actions for the recovery of money when the amount sued for does
not exceed three hundred dollars exclusive of interest and cost the proceed-
ing 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. Attach-
ments, unlawful entry and detainer and actions in detinue shall be
governed by Title 8 of the Code of 1950. Distress warrants and warrants
in detinue may be issued by the clerk. Detinue shall be by warrant in all
cases where the amount in controversy does not exceed one thousand
dollars exclusive of interest and costs.

§ 5904-h. When a county court is established in a county, as pro-
vided by these §§ 5904-a to 5904-i, both inclusive, all of the jurisdiction
heretofore conferred upon justices of the peace and trial justices * is
hereby transferred to and vested in the county court. No justice of the
peace shall hereafter be elected in any county to which this act is applicable
except as provided herein. The judge of the circuit court shall have power
to appoint so many commissioners in chancery as he may deem necessary
and expedient, to serve during the pleasure of the court and who shall have
power to issue warrants of arrest and admit to batl. The governing body
of the county shall fix their salaries, in which case all fees to which they
may be entitled shall be paid monthly into the county treasury from the
proceeds of which, insofar as possible, their salaries shall be paid.