CHAPTER 628

An Act to amend and reenact Sections 54-818 and 54-820 of the Code of
Virginia, relating to the right of applicants who are refused admission
to examinations given by the Board of Medical Examiners for the State
of Virginia or are refused certificates to practice, and the rights of
practitioners whose licenses have been suspended or revoked by the
Board, the amendment authorizing appeals from decisions of circuit
and corporation courts.

[(S 49}

Approved April 7, 1954
Be it enacted by the General Assembly of Virginia:

1. That Sections 54-318 and 54-320 of the Code of Virginia be amended
and reenacted, as follows:

Section 54-318. Remedy of applicant refused examination, certificate
or license.—In case an applicant is refused admittance to an examination,
or is refused a certificate or license by the Board, such applicant may apply
to the circuit court of the county or the corporation court of the city in
which he resides, for a writ requiring the Board to show cause why the
admittance or certificate or license was refused. In such case service of
process may be had upon the member of the Board residing in the Con-
gressional district in which the court is located, or, if for any reason such
service cannot be obtained, then upon any other member of the Board
wherever found. The burden of proof shall be upon the petitioner to
establish his right to be examined or to be granted a certificate or license.
It shall be the duty of the Commonwealth’s attorney of the county or cor-
poration to represent the Board in the proceeding. * From any judgment of
the court upon the issue tried there may be an appeal to the Supreme Court
of Appeals as in other cases.

Section 54-320. Appeal from suspension or revocation.—In case the
certificate or license is suspended or revoked, the practitioner affected may
appeal from the decision of the Board to the circuit court of the county or
the circuit or corporation court of the city within whose jurisdiction he
resides, for a review of such proceedings. Pending the application for
review, the practitioner shall not have the right to practice within the
State. The proceeding to review shall be begun by filing a petition in
such court reciting the facts and making the Board party defendant. Sum-
mons to the Board to appear and answer the petition shall be served upon
the member of the Board residing in the Congressional district in which the
county or city is located, or if there be no such member residing therein
then upon any other member of the Board wherever found, at least ten days
before the hearing. The judge of the court, without the intervention of a
jury, shall review the action of the Board upon the record made as herein
provided. The burden of proof shall be upon the practitioner to establish
his right to practice. It shall be the duty of the Commonwealth’s attorney
of the county or corporation to represent the Board in the proceeding. *
From any judgment of the court upon the issue reviewed * there may be an
appeal to the Supreme Court of Appeals as in other cases.
An Act to amend and reenact § 14-71 of the Code of Virginia, relating to
salaries of county commissioners of the revenue. 313
[S 132]

Approved April 7, 1954
Be it enacted by the General Assembly of Virginia:

a That § 14-71 of the Code of Virginia be amended and reenacted as
ollows:

§ 14-71. The annual salaries of county commissioners of the revenue
oe this article 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 * seventeen hundred and fifty dollars
nor more than * three thousand dollars.

In counties having a population of more than five thousand inhabitants
but not more than ten thousand inhabitants, such salaries shall not be less
than * two thousand dollars nor more than * thirty-five hundred dollars.

In counties having a population of more than ten thousand inhabitants
but not more than fifteen thousand inhabitants, such salaries shall not be
ess than * twenty-five hundred dollars nor more than * four thousand

ollars.

In counties having a population of more than fifteen thousand in-
habitants but not more than twenty thousand inhabitants, such salaries
shall not be less than * three thousand dollars nor more than * forty-five
hundred dollars.

In counties having a population of more than twenty thousand in-
habitants but not more than twenty-five thousand inhabitants, such
salaries shall not be less than * thirty-five hundred dollars nor more than *
fifty-five hundred dollars.

In counties having a population of more than twenty-five thousand in-
habitants but not more than thirty thousand inhabitants, such salaries shall
ee be less than * four thousand dollars nor more than * fifty-five hundred

ollars.

In counties having a population of more than thirty thousand in-
habitants, but not more than forty thousand inhabitants, such salaries
TR not be less than * fowr thousand dollars nor more than * siz thousand

ollars.

In counties having a population of more than forty thousand in-
habitants, such salaries shall not be less than * forty-five hundred dollars
nor more than * sixty-five hundred dollars.

On and after July one, nineteen hundred forty-eight the maximum
salary applicable to each officer whose salary is prescribed by this section
shall be raised by twenty per centum for those officers authorized by law
to receive a maximum salary of five thousand dollars; and by fifteen per
centum and not to exceed seven hundred fifty dollars for those officers au-
thorized by law to receive a maximum salary in excess of five thousand
dollars but such increase shall not operate to raise any such salary by more
than one thousand dollars a year.

This section and § 14-71.1 shall be construed together.

2. This act shall be in effect on and after January one, nineteen fifty-five.