CHAPTER 555

An Act to revise, rearrange, amend and recodify the general laws of
Virginia, relating to courts not of record; to that end to repeal Title
16 of the Code of Virginia, which title includes Chapters 1 to 6 and
§§ 16-1 to 16-129.1 and Chapter 7 including §§ 16-172.1 to 16-172.84,
inclusive, of the Code of Virginia, as amended, which title relates to
courts not of record; to amend the Code of Virginia by adding thereto
in lieu of the foregoing title, chapters and sections of the Code re-
pealed by this act a new title numbered 16.1, which title includes
eight new chapters numbered 1 to 8, both inclusive, and new sections
numbered §§ 16.1-1 to 16.1-217, both inclusive, relating to courts not
of record; to prescribe when such revision and recodification shall
become effective; and to repeal all acts and parts of acts in conflict
with the provisions of this act.

{H 213]

Approved March 31, 1956

Be it enacted by the General Assembly of Virginia:
1. That Title 16 of the Code of Virginia, which title includes Chapters 1
to 6 and §§ 16-1 to 16-129.1, and Chapter 7 and §§ 16-172.1 to 16-172.84,
inclusive, of the Code of Virginia, as amended, is repealed.
CH. 555] ACTS OF ASSEMBLY

2. That Chapter 166 of the Acts of 1930, approv
amended, which chapter as amended was continue:
of the Code of Virginia, and all amendments there
rated in the Code of Virginia by reference, are repeal
3. That the Code of Virginia be amended by add
the title, chapters and sections of the Code of Vir.
a new title numbered 16.1, eight new chapters ni
inclusive, and new sections numbered 16.1-1 to 16
which new title, chapters and sections are as follows:

Title 16.1.
Courts Not of Record.

Chap. 1. General Provisions, Secs. 16.1-1 to 16.1-35

2. County Courts, Secs. 16.1-36 to 16.1-51.

3. Municipal Courts, Secs. 16.1-52 to 16.1-63

4. Joint Operation of Courts, Secs. 16.1-64 t

5. Courts of Limited Jurisdiction, Secs. 1

6. Venue, Jurisdiction and Procedure in
16.1-76 to 16.1-122.

7. Jurisdiction and Procedure in Criminal }
to 16.1-138.

8. Juvenile and Domestic Relations Cour

16.1-217.

Chapter 1.
GENERAL PROVISIONS.
Article 1.
Transition Provisions.

Sec.
16.1-1. Repealing clause. i
16.1-2. Effect of repeal of Title 16.
16.1-3. Certain notices, recognizances and process«
16.1-4. References to former sections, articles or
16.1-5. Meaning of certain terms.
Article 2.
Provisions of a General Natur
16.1-6. Present courts continued; designated as
16.1-7. Judges in office continued; term of o
appointed.
16.1-8. Qualification of judges.
16.1-9. Appointment as judge of a person oth
attorney.
16.1-10. Limitations on practice of judges who are |
16.1-11. Certain judges not to practice law.
16.1-12. Residence requirements for judges.
16.1-138. Judges of certain courts eligible to serve
and domestic relations court.
16.1-14. Oath of office of judges, clerks and others.
16.1-15. Bond of judge.

16.1-16. Bonds of clerks and others handling funds
16.1-17. Clerk when authorized by judge may exec
make out and attest transcripts.

16.1-18. Incompatible offices.
16.1-19. When associate judges may be appointed.
16.1-20. Substitute judge or judges appointed.
856 ACTS OF ASSEMBLY [va., 1956

16.1-21. When substitute to serve; his powers and duties.

16.1-22. Substitute judge may be a justice of the peace; fees.

16.1-23. Removal of judges and substitute judges.

16,1-24. In what cases judge disqualified.

16.1-25. Rules of practice.

16.1-26. Contempt of court.

16.1-27. Judge may issue warrants, summons and subpoenas.

16.1-28. Judges as conservators of the peace.

16.1-29. Additional powers of judges.

16.1-80. Commitment of insane, etc., persons. .

16.1-31. When certain municipal courts to be kept open; session may be
held on any day.

16.1-32. Certain courts may be closed on Saturdays.

16.1-33. Vacations and sick leave for officers and employees of county
courts generally. .

16.1-34. -Vacations and sick leave for officers and employees of city
courts and courts in certain counties.

16.1-35. Jurisdiction over certain waters.

Title 16.1.
Courts Not of Record.
Chapter 1.
General Provisions.
Article 1.
Transition Provisions.

§ 16.1-1. Repealing clause.—All acts and parts of acts, all sections
of-this Code, and all provisions of municipal charters, inconsistent with
the provisions of this title, are, except as herein otherwise provided,
repealed to the extent of such inconsistency.

§ 16.1-2. Effect of repeal of Title 16.—The repeal of Title 16
effective as of July 1, 1956, shall not affect any act or offense done or
committed, or any penalty or forfeiture incurred, or any right estab-
lished, accrued or accruing on or before such day, or any prosecution,
suit or action pending on that day. Every such pending prosecution, suit
and action shall be proceeded in, tried and determined in the same court,
or in the court which succeeds to or has its jurisdiction, and any further
action taken therein shall be valid and effective for all purposes, whether
taken by the court in its present or former name or by the judge thereof
under his present or former judicial title. All further proceedings therein
shall conform, as far as practicable, to the provisions of Title 16.1.

§ 16.1-3. Certain notices, recognizances and processes validated.—
Any notice given, recognizance taken, or process or writ issued before
July 1, 1956, shall be valid although given, taken or to be returned to a
day after such date, or to a court established by this title or the clerk’s
office thereof, in like manner as if this title had been effective before the
same was given, taken or issued.

§ 16.1-4. References to former sections, articles or chapters of Title
16.—Whenever in this title any of the conditions, requirements, provisions
or contents of any section, article or chapter of Title 16, as such title
existed prior to July 1, 1956, are transferred in the same or in modified
form to a new section, article or chapter, and whenever any such former
section, article or chapter is given a new number in this title, all references
to any such former section, article or chapter of Title 16 appearing else-
where in this Code than in this title shall be construed to apply to the new
or renumbered section, article or chapter containing such conditions,
requirements, provisions or contents or portions thereof.

§ 16.1-5. Meaning of certain terms.—Whenever the words “courts
not of record” appear in this title they shall, unless otherwise specifically
provided, mean and include all courts in the Commonwealth below the
jurisdictional level of the circuit and corporation courts.

Whenever the words “county court” appear in this title they shall
mean and include all courts in counties heretofore designated as trial
justice courts and county courts.

Whenever the words “municipal courts” appear in this title they shall
mean and include all courts in cities heretofore designated as municipal
courts, civil courts, civil justice courts, police courts, civil and police
courts, traffic courts, and all other city courts not of record however
designated except juvenile and domestic relations courts and courts of
limited jurisdiction authorized in Chapter 5 of this title.

Article 2.
Provisions of a General Nature.

§ 16.1-6. Present courts continued; designated as courts not of
record.—The present system of courts below the jurisdictional level of
the circuit and corporation courts is continued, and such courts, however
named or designated herein, shall, except as otherwise provided in this
title, have the same powers and jurisdiction as are now conferred upon
such courts under existing law. Unless otherwise provided herein such
courts shall be classified and designated as courts not of record.

§ 16.1-7. Judges in office continued; term of office; how successors
appointed.—Every judge or justice and every associate, assistant and sub-
stitute judge or justice of a court not of record in office on July 1, 1956,
shall continue in office as the judge, associate judge, assistant or substitute
judge of such court under its designation as a county court, a juvenile and
domestic relations court, or a municipal court until the expiration of the
term for which he was appointed, or elected, and upon the expiration of
his term and of each successive term thereafter a successor shall be ap-
pointed or elected for the term and in the manner following:

(1) In counties each such judge, associate judge or substitute judge
shall be appointed for a term of four years by the judge or judges of the
courts of record having jurisdiction within the area served by the court.

(2) In cities and towns each such judge, associate judge, assistant
or substitute judge shall be appointed or elected for such term and in such
manner as is prescribed by the charter of the city or town in which he
serves; but, in the event such charter does not prescribe the term and
manner of appointment or election, then for such term and in such man-
ner as was prescribed by general law immediately prior to the effective
date of this title.

Any vacancy in the office of any such judge shall be filled for the
unexpired term in the manner prescribed herein for original appointments
or elections to such office.

If the appointment is to be made by two or more judges and they
cannot agree, such fact shall be certified to the Chief Justice of the
Supreme Court of Appeals who shall thereupon designate a judge of
some other circuit or corporation court to sit with such judges in con-
sidering the appointment, which appointment shall then be made by a
majority of the judges sitting. The judges of the court not of record of
the city of Alexandria shall be appointed by the judges of the Corporation
Court of the city of Alexandria notwithstanding any other provision of

Ww.
§ 16.1-8. Qualification of judges.——On and after July 1, 1956, every
judge, associate judge and substitute judge of a court not of record in
858 ACTS OF ASSEMBLY [vA., 1956

this State shall, except as otherwise provided in this title, be a person
licensed to practice law in this State; provided, however, that any such
judge or associate or substitute judge in office on such date who is not a
person licensed to practice law may continue to serve for his unexpired
term and for each consecutive term thereafter for which he is appointed.

_, § 16.1-9. Appointment as judge of a person other than a prac-
ticing attorney.— Whenever the judge or judges charged with the duty of
appointing a judge, associate judge or substitute judge of a court not of
record shall find that a duly qualified licensed attorney is not available
for appointment, or that the best interests of the county will be promoted
by appointing a person not licensed as an attorney or an attorney from
an adjoining county or city, then there may be appointed to such office a
person not licensed to practice law who is otherwise qualified to serve, or
a duly qualified licensed attorney from an adjoining county or city. Any
attorney appointed from an adjoining county or city shall be exempt from
the residence requirements of § 16.1-12.

Nothing in this section shall be construed to prevent the appointment
for one or more additional terms of any judge or associate or substitute
judge who is not a person licensed to practice law but who is in office at
the time such appointment is to be made.

Instead of appointing a person not licensed to practice law the judge
or judges may recommend to the governing body of the county that
the court or courts for which an appointment is to be made be operated
jointly with the courts of another political subdivision under a single
judge as provided in Chapter 4 of this title.

§ 16.1-10. Limitations on practice of judges who are attorneys.—
No judge of a court not of record shall appear as counsel in any case,
civil or criminal, pending in his court or on appeal or removal therefrom;
nor shall he appear as counsel in any civil case which involves substan-
tially the same evidence and circumstances as were involved in a criminal
case tried before him or in which a preliminary hearing was held before
him; nor shall he accept or receive any claim or evidence of debt for
collection when the enforcement thereof is within the exclusive original
jurisdiction of his court.

16.1-11. Certain judges not to practice law.—No judge of a court
not of record in any city having a population of more than two hundred
thousand, nor in any county having a density of population in excess of
five thousand per square mile, shall engage in the practice of law, but
this provision shall not apply to a substitute judge of any such court nor
eS an associate judge unless appointed or elected to serve on a full-time

asis.

§ 16.1-12. Residence requirements for judges.—Every judge, asso-
ciate judge and substitute judge of a court not of record shall, during his
term of office, reside within the boundaries of the area in which he serves,
except that any such judge of a county court or of a juvenile and domestic
relations court of a county may reside within any city lying wholly within
the boundaries of the county, and any such judge of a municipal court
or a juvenile and domestic relations court of a city may reside within
five miles of the corporate limits of the city in which his court is held;
provided, however, that notwithstanding any other provision of this
section, the judge of each court not of record in any county having a
population of less than fifty thousand and operating under the county
executive form of organization and government, shall be a resident of and
physically reside in such county. However, any such judge in office on
July 1, 1956, may continue to serve for his unexpired term and for con-
secutive terms thereafter without meeting the residence requirements of
this section. Any such judge who presides over more than one court not
CH. 555] ACTS OF ASSEMBLY 859

of record may qualify under this section by meeting the residential re-
quirements as to any political subdivision which he serves.

_ § 16.1-18. Judges of certain courts eligible to serve as judge of
juvenile and domestic relations court—In counties the judge, associate
judge or substitute judge of the county court, and in cities of less than
ninety thousand population the judge of any municipal court therein, shall,
if otherwise qualified, be eligible to serve as judge of the juvenile and
domestic relations court of such county or city, and upon appointment
or election may serve as judge of each of such courts. .

§ 16.1-14. Oath of office of judges, clerks and others.—Every judge,
associate judge, substitute judge, clerk, deputy clerk, referee, bailiff and
juvenile probation officer of a court not of record shall, before entering
upon the duties of his office, take the oath required by law. The oath of the
judge, associate judge and substitute judge shall be taken before a judge
or clerk of a court of record to which appeals from his court lie, and the
oath of the clerk and other officers of the court shall be taken before the
judge of the court he serves.

§ 16.1-15. Bond of judge.—Before entering upon the performance
of his duties the judge, associate judge and substitute judge of a court not
of record shall enter into bond before the clerk of a circuit or corporation
court to which appeals from his court lie. In each county the bond shall
be in a penalty and with corporate surety approved by the judge of such
appellate court, and in each city and town the bond shall be in a penalty
and with corporate surety approved by the governing body thereof. No
such bond shall be in a penalty of less than two thousand dollars, and all
such bonds shall be conditioned for the faithful performance of the duties
of the principal. If the bond is entered into by a judge, associate judge
or substitute judge of a municipal court or of a juvenile and domestic
relations court of a city, it may be made payable to such city and shall
be filed with the treasurer or other accounting officer thereof; but if it is
entered into by a judge, associate judge or substitute judge of a county
court or a juvenile and domestic relations court of a county, it shall be
made payable to the Commonwealth and shall be filed with the clerk of
the circuit court of the county.

§ 16.1-16. Bonds of clerks and others handling funds.—Every clerk,
deputy clerk or other officer or employee of a court not of record who
handles or is accountable for funds belonging to or in the custody of the
court shall, before entering upon the duties of his office, enter into bond
before the clerk of a circuit or corporation court to which appeals from
his court lie, which bond shall be in a penalty deemed adequate and fixed
by the judge of the court of record in which he qualifies, but in no event
less than two thousand dollars. Such bond shall be with corporate surety
approved by the clerk of the court of record, shall be conditioned for the
faithful performance of the duties of the principal, and shall be made
payable and shall be filed as provided in § 16.1-15 for bonds of judges of
courts not of record.

§ 16.1-17. Clerk when authorized by judge may execute appeal
bonds; may make out and attest transcripts——The clerk of a court not
of record may, when authorized so to do by the judge of the court he
serves, execute appeal bonds in appeals from judgment of the court. Any
such clerk may make out and attest transcripts of the papers and records
of the court for use in evidence elsewhere.

§ 16.1-18. Incompatible offices —Except as provided in § 16.1-22
no person shall at the same time hold the office of judge, associate judge
or substitute judge of a court not of record and the office of justice of
the peace, clerk of a court, sheriff, sergeant, treasurer, or commissioner
of the revénue, or deputy of either of them. If any judge of a court
860 ACTS OF ASSEMBLY [vA., 1956

not of record shall accept any office for which he is ineligible under this
section, such acceptance shall vacate his office as judge of such court.

§ 16.1-19. When associate judges may be appointed.—The judge
or judges authorized to appoint the judge of a court not of record in any
county having a density of population in excess of five thousand per
square mile may, with the approval of the governing body of the county,
appoint one or more associate judges for each such court who shall hold
office for a term concurrent with that of the judge. In all other counties
the judge or judges authorized to appoint the judge of a court not of
record may, with the approval of the Committee of Judges referred to in
§ 14-50, appoint one or more associate judges for each such court who
shall hold office for a term concurrent with that of the judge. If in the
judgment of the governing body of any city or town an associate judge
is needed for the efficient operation of any municipal court therein, such
associate judge may be appointed or elected in the same manner and for
the same term prescribed in § 16.1-7 for the election of a judge of such
court. Each associate judge shall serve at such time or times and perform
such duties as may be designated by the judge or judges or other appoint-
ing authority, and while so serving shall be subject to the same obliga-
tions, perform the same duties, and have the same power and authority
as the judge. The judge of the court not of record may, unless otherwise
provided by the appointing authority, assign the work of the court as
between himself and the associate and substitute judges. An associate
judge may serve concurrently with the judge of the court or with any
other associate or substitute judge, or alone.

§ 16.1-20. Substitute judge or judges appointed.—For each court
not of record there shall be a substitute judge, and, in the discretion
of the appointing authority there may be one or more additional substi-
tute judges to serve in the event of the absence or inability to serve of the
substitute judge, which substitute judge or judges shall be appointed in
the same manner as the judge of the court; except that if the judge of
the court is elected by popular vote, such substitute judge shall be ap-
pointed by a judge of a court of record to which appeals from such
court lie. The same person may be appointed and serve as the substitute
judge of two or more courts not of record.

§ 16.1-21. When substitute to serve; his powers and duties.—In
the event of the inability of the judge or any associate judge to perform
the duties of his office or any of them by reason of sickness, absence,
vacation, interest in the proceeding, parties before the court, or other-
wise, such judge or associate judge may direct a substitute judge to
serve as a judge of the court, which substitute may serve concurrently
with one or more of the judges of the court or alone. While acting as
judge a substitute judge shall perform the same duties, exercise the
same power and authority, and be subject to the same obligations as
prescribed herein for the judge. While serving as judge of the court
the judge, associate judge, or the substitute judge may perform all acts
with respect to the proceedings, judgments and acts of any other
judge in connection with any action or proceeding then pending or
theretofore disposed of in the court in the same manner and with the
same force and effect as if they were his own.

Whenever the substitute or assistant judge of a municipal court is
authorized by municipal charter so to do he shall, whether he be serving
as judge of the court or not, have at all times the power to issue warrants
and other processes, admit to bail, and exercise the jurisdiction conferred
on judges of courts not of record by § 16.1-30. Such substitute or assist-
ant judge shall receive for such services the same fees as are prescribed
by law for like services when performed by other officers. If the charter
so provides, a substitute may be appointed to serve in the absence of the
CH. 555] ACTS OF ASSEMBLY 861

substitute or assistant judge, who shall have the same power and authority
as the substitute or assistant judge when so serving.

§ 16.1-22. Substitute judge may be a justice of the peace; fees—A
substitute judge of a court not of record shall be eligible to hold the office
of justice of the peace, but on any day on which he acts as judge of
such court all fees accruing to him on that day, whether in his capacity
as justice of the peace or as substitute judge, shall be accounted for
and disposed of by him as if all such fees accrued to him in his capacity
as judge of the court or to the court itself, as the case may be.

§ 16.1-23. Removal of judges and substitute judges——Any judge,
associate judge, or substitute judge of a court not of record may
removed from office in the manner and for any of the causes prescribed in
§§ 15-500 to 15-503 for the removal of other officers.

§ 16.1-24. In what cases judge disqualified.—If the judge, associate
judge or substitute judge of any court not of record:

(1) Bea party to an action;

(2) Be interested in the result of any action, otherwise than as
resident or taxpayer of the city or county;

(3) Be related to any party to the action as grandfather, father,
father-in-law, son, son-in-law, brother, brother-in-law, nephew, uncle, first
cousin, guardian or ward;

(4) Be a material witness for either party to the action;

(5) Be counsel for any party to the action;

He shall not take cognizance thereof unless all parties to the action
consent thereto in writing. If he shall enter any judgment in or otherwise
dispose of the action without such consent, an appeal of right may be taken
as in the case of other appeals regardless of the amount involved, but if
no appeal is taken the order or judgment shall be valid and binding.

When a judge is under any such disability and there is no other judge
or substitute judge of the court qualified to act, any other judge of a court
not of record in the county or city may hear and dispose of the action.
In the event of the disqualification of all such judges and substitute judges
to hear the action, or of their inability to serve, the judge of the circuit
court of the county or the corporation or hustings court of the city, as the
case may be, shall appoint a judge of another county or city or a dis-
interested resident practicing attorney at law to hear and dispose of the
action. While acting, such judge or attorney shall have all the authority
and power of the judge of the court, and his order or judgment thereon
shall, to all intents and purposes, be the judgment of the court.

§ 16.1-25. Rules of practice—The judge of a court not of record
may make and enforce such reasonable rules of practice for his court as
are not in conflict with law.

§ 16.1-26. Contempt of court.—A judge of a court not of record
shall have the same powers and jurisdiction as a judge of a court of record
to punish summarily for contempt, but in no case shall the fine exceed
fifty dollars and imprisonment exceed thirty days for the same contempt.
From any such fine or sentence there shall be an appeal of right within
the period prescribed in this title and to the court or courts designated
therein for appeals in other cases, and the proceedings on such appeal
shall conform in all respects to the provisions of § 18-257.

§ 16.1-27. Judge may issue warrants, summons and subpoenas.—
Except as otherwise provided by general law or by municipal charter, a
judge of a court not of record may, within the scope of his general juris-
diction within the area which his court serves, issue warrants, summons
and subpoenas, including subpoenas duces tecum or other process, in civil
and criminal cases, to be returned before his court, and may also issue
fugitive warrants and conduct proceedings thereon in accordance with the
provisions of §§ 19-51 to 19-56.
§ 16.1-28. Judges as conservators of the peace.—The judge of each
court not of record having criminal jurisdiction shall be a conservator of
the peace within the limits of the territory in which he serves; and if such
court is a municipal court, the judge thereof shall, except as otherwise
provided by general law or by charter, also be a conservator of the peace
for the area extending for one mile beyond the corporate limits of the city.

§ 16.1-29. Additional powers of judges.—A judge of a court not of
record may take affidavits and administer oaths and affirmations in all
matters and proceedings, may issue all appropriate orders or writs, includ-
ing orders appointing guardians ad litem in all proper cases, in aid of the
jurisdiction conferred upon him, and may certify transcripts of the records
and proceedings of the court for use elsewhere. But he shall have no
authority to take acknowledgments to deeds or other writings for purposes
of recordation.

§ 16.1-30. Commitment of insane, etc., persons.—A judge of a court
not of record shall have and may exercise, concurrently with special jus-
tices appointed for the purpose, the jurisdiction conferred by general law
upon justices, trial justices and special justices in all matters in connection
with the adjudication and commitment of mentally-ill, epileptic, mentally-
deficient and inebriate persons, and the institution and conduct of pro-
ceedings therefor. Such proceedings may be had at any place within the
jurisdiction of the court over which such judge presides.

§ 16.1-31. When certain municipal courts to be kept open.—Except
as otherwise provided by general law or by municipal charter or ordi-
nance, municipal courts in cities of ten thousand or more, which exercise
jurisdiction in criminal matters, except such courts which are jointly oper-
ated with county courts under Chapter 4 of this title, shall be open for the
transaction of business every day of the year except Sundays and legal
holidays. Any other courts not of record and the clerk’s offices thereof
may, in the discretion of the respective judges of such courts, be closed
on Saturdays.

§ 16.1-32. Court sessions may be held on any day.—Any court not
of record may hold sessions on any day if in the opinion of the judge
thereof this be necessary in the dispatch of the business of the court, and
all acts done at any such session shall be as valid and effective as if done
on a regular day of the court.

§ 16.1-33. Vacations and sick leave for officers and employees of
county courts generally.—In any county except a county having a density
of population in excess of five thousand per square mile every judge of
a court not of record and every associate judge who serves full time shall
be allowed an annual vacation period of three weeks with pay, and, in the
discretion of the Committee of Judges referred to in § 14-50, may be
allowed additional leave to attend such meetings and conferences and
engage in such other activities as in the opinion of the Committee will
tend to improve the administration of the court and be in the public
interest. Every clerk, deputy clerk, clerical assistant and other employee
of each such court shall be allowed an annual vacation period of two
weeks with pay, and, in the discretion of the Committee of Judges,
may be allowed an additional vacation period, with or without pay as the
Committee shall determine. Such Committee may, in its discretion, also
provide for sick leave for such judges, clerks and other employees.

§ 16.1-34. Vacations and sick leave for officers and employees of
city courts and courts in certain counties.—The governing body of each
city and of each county having a density of population in excess of
five thousand per square mile may prescribe the annual vacation period
of the judges, associate judges, clerks, deputy clerks, clerical assistants
and other employees of the courts not of record therein, and may also
provide for such sick leaves and leaves of absence for the officers and
CH. 555] ACTS OF ASSEMBLY . 863

employees of such courts as it deems best. Unless and until the governing
body of any such county or city has otherwise provided by ordinance, the
vacation period, if any, allowed the judges and other officers and em-
ployees of such courts, and the compensation provided for substitute
judges serving therein, shall continue as prescribed in former Title 16
of this Code.

§ 16.1-35. Jurisdiction over certain waters—Where any river,
water course or bay lies between any counties or any cities, or any
county and city in this State, the courts not of record therein, on each
side, respectively, shall have concurrent territorial jurisdiction over so
much thereof as shall be opposite to such counties and cities. And such
courts for counties or cities lying on the waters bounding the State shall
have concurrent territorial jurisdiction respectively over such waters
opposite such counties and cities, as far as the jurisdiction of this State
en But this section shall not apply to the cities of Richmond and

orfo

Chapter 2.
COUNTY COURTS.

16.1-36. County court in each county; judges therefor.

16.1-37. Trial justice courts continued as county courts, and trial justices
and other officers thereof continued in like positions in the
county courts.

16.1-38. Existing county courts and the judges and other officers thereof
continued.

16.1-89. Where county court held; change of place of hearing.

16.1-40. Where process returnable and trials held.

16.1-41. Supervision by circuit court.

16.1-42. Clerk ; appointment; term of office; salary; for two or more
courts.

16.1-48. Clerk of: circuit court may serve as clerk of county court in
certain counties.

16.1-44. Powers and duties of clerks.

16.1-45. In certain counties clerk to issue all civil processes; exceptions.

16.1-46. Substitute clerks, their duties and powers; compensation.

16.1-47. Deputy clerks and clerical assistants.

16.1-48. Quarters for court and clerk.

16.1-49. Books, supplies, etc.; how furnished.

16.1-50. Salaries of judges, clerks, etc.; how paid.

16.1-51.. Disposition of fees.

Chapter 2.
County Courts.
§ 16.1-36. County court in each county; judges therefor.—In every
county there shall be a court which shall be called“_...._..__...._....-... County

Name of “County
Court”, and for each such court there shall be one or more judges who
shall be called the judge of such county court.

§ 16.1-37. Trial justice courts continued as county courts, and
trial justices and other officers thereof continued in like positions in the
county courts.—The trial justice court in each county on July 1, 1956,
shall continue as the county court of such county, with territorial juris-
diction over such county and over any city within the county for which a
municipal court with general civil and criminal jurisdiction has not
been established. The trial justice, the associate trial justice, if any,
and the substitute trial justice in office on that day shall continue in office
864. ACTS OF ASSEMBLY [vA., 1956

as the judge, associate judge or substitute judge of the county court until
the expiration of the term for which he was appointed. The clerk, deputy
clerks and clerical assistants of such court on that day shall likewise
continue in like positions with the county court.

§ 16.1-38. Existing county courts and the judges and other officers
thereof continued.—The county court existing in each county on July 1,
1956, shall continue as the county court of such county, and the judge,
associate judge, substitute judge or judges, clerks, deputy clerks, bailiffs
and clerical assistants of such court in office on that day shall continue in
office in like positions with the county court until the expiration of the
term, if any, for which he was elected or appointed. .

§ 16.1-39. Where county court held; change of place of hearing.—
The county court shall be held for the trial of civil and criminal matters
and cases at the county seat, and in any city or town within which it has
jurisdiction or at any other place or places in the county, and at such
times, as may from time to time be designated and prescribed by the
circuit court of the county; and a schedule of the times and places at
which the court is held shall be kept posted at the courthouse of the
county and at each of the designated places. Any matter may, in the dis-
cretion of the judge, be removed for hearing from any one of such desig-
nated places to another, or to or from the county seat, in order to serve
the convenience of the parties or to expedite the administration of justice.

_ ,.§ 16.1-40. Where process returnable and trials held.—All process,
civil and criminal, returnable before a county court shall, if the defendants
or any of them reside in a city or town in which the court is held, be made
returnable at the courtroom or place the court is held in such city or
town, but if none of the defendants reside therein it shall be made return-
able to the county seat, or to one of the other places where the court is
held, whichever shall be nearer or more accessible to such defendant or
defendants. If the process is made returnable to some other place than
the county seat the place to which it is returnable shall be designated
therein. For all jurisdictional requirements hereunder the county seat and
each and all of the places designated for the holding of the court shall
be deemed to be a part of each and every magisterial district in the
county. Notwithstanding the foregoing provisions, the circuit court may
prescribe and require that all hearings and trials of all cases except com-
mitment proceedings shall be at the county seat.

§ 16.1-41. Supervision by circuit court.—The circuit court of each
of the counties, or the judge or judges thereof in vacation, may exercise
general supervisory power over the administration of the county court
and the juvenile and domestic relations court of such county, and in the
exercise of such power may promulgate such reasonable rules and regula-
tions as may be deemed necessary to supplement or clarify the provisions
of this title with respect to such court.

§ 16.1-42. Clerk; appointment; term of office; salary; for two or
more courts.—For every county court for which the Committee referred
to in § 14-50 deems a clerk necessary for the efficient operation of the
court, the judge thereof may appoint a clerk who shall be designated as
the clerk of the county court and shall hold office at the pleasure of the
appointing judge.

For each county court in a county having a density of population in
excess of five thousand per square mile the judge shall appoint a clerk
for a term coterminous with that of the judge, which clerk shall receive
such salary as shall be fixed by the governing body of the county, and
shall be subject to removal under the provisions of §§ 15-500 to 15-508.

The salary of the clerk of the county court of any other county shall
be fixed by the Committee referred to in § 14-50. In the event a single
judge is appointed to preside over the courts not of record of two or more
CH. 555] ACTS OF ASSEMBLY 865

political subdivisions as authorized by Chapter 4 of this title, such judge
may appoint the same person to serve in two or more of such courts,
either in the capacity of clerk, substitute clerk or deputy clerk thereof.

_ § 16.1-43. Clerk of circuit court may serve as clerk of county court
in certain counties.—In any county having a density of population in
excess of five thousand per square mile, the clerk of the circuit court of
the county and the deputy clerks of such court may be appointed and
eaNG as clerk and deputy clerks, respectively, of the county court of such
county.

§ 16.1-44. Powers and duties of clerks.—The clerk shall be a con-
servator of the peace within the territory for which the court has juris-
diction, and may within such jurisdiction issue warrants and processes,
original, mesne and final, both civil and criminal, and issue subpoenas for
witnesses, writs of fieri facias and writs of possession, and abstracts of
judgments. He may take affidavits and administer oaths and affirmations,
take and certify depositions in the same manner as a notary public, take
acknowledgments to deeds or other writings for purposes of recordation,
and exercise such other powers and perform such other duties as are con-
ferred or imposed upon him by law. Such clerk shall keep the docket and
accounts of the court and shall discharge such other duties as may be
prescribed by the judge.

§ 16.1-45. In certain counties clerk to issue all civil processes;
exceptions.—Notwithstanding any other provision of this chapter to the
contrary, in any county adjoining a city having a population of two
hundred twenty-five thousand or more, the clerk of the county court shall
issue all civil warrants and other civil processes returnable before such
court, and no such warrant or process shall be issued by any other officer ;
except that when the plaintiff in a civil warrant is a resident of the 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 wit-
nesses thereunder may be issued by any justice of the peace of such
county. But nothing in this section shall prevent the judge of any such
court from issuing warrants, summons and subpoenas, and fugitive war-
rants as authorized by § 16.1-27.

§ 16.1-46. Substitute clerks, their duties and powers; compensa-
tion.—In the event the clerk of a court not of record in any county having
a density of population not in excess of five thousand per square mile is
unable to perform the duties of his office by reason of sickness, absence,
vacation or otherwise, the judge may appoint one or more substitute
clerks each of whom shall receive for his services a per diem compensa-
tion equivalent to one twenty-fifth of a monthly installment of the salary
of the clerk, payable in the same manner as the clerk’s salary is paid,
which, in the discretion of the Committee referred to in § 14-50, may be
deducted from the salary of the clerk; provided that no deduction shall
be made on account of absence during the vacation period of two weeks
allowed the clerk. The substitute, after qualifying and giving bond as pro-
vided for clerks hereunder, may perform all the duties of the office during
the absence or disability of the clerk, and may perform all acts with
respect to the proceedings of the court in the same manner and with the
same effect as if he were the duly appointed and acting clerk of the court.

§ 16.1-47. Deputy clerks and clerical assistants——In any county
having a density of population not in excess of five thousand per square
mile the Committee referred to in § 14-50 may authorize the judge of
the county court 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. The govern-
ing body of any county having a density of population in excess of five
866 ACTS OF ASSEMBLY [va., 1956

thousand per square mile may authorize the judge of its county court to
appoint as many deputy clerks and clerical assistants as may be necessary.
_ § 16.1-48. Quarters for court and clerk.—Each county shall provide
suitable quarters for the court and its clerk, and a suitable room or rooms
for the sessions of the court at the places designated for such purpose,
except that if the court is held in a city or town other than the county
seat such city or town shall provide a suitable place for the court to be
held. Such county shall also provide all necessary furniture, filing cabinets
and other equipment necessary for the efficient operation of the court.

§ 16.1-49. Books, supplies, etc.; how furnished.—The State shall
provide civil and criminal dockets and other books, stationery and supplies
necessary for the efficient operation of all county courts except those in
counties having a density of population in excess of five thousand per
square mile. The dockets shall be uniform, and the form thereof shall be
approved by the Auditor of Public Accounts. The governing body of each
county having a density of population in excess of five thousand per
square mile shall provide civil and criminal dockets and other books, sta-
tionery and supplies necessary for the efficient operation of the county
court therein.

§ 16.1-50. Salaries of judges, clerks, etc.; how paid.—The salaries
of all judges, associate judges, clerks, deputy clerks and clerical assistants
of all county courts except those in counties having a density of popula-
tion in excess of five thousand per square mile shall be fixed and paid as
provided in Article 5 of Chapter 1 of Title 14. Each substitute judge of
any such court shall receive for his services a per diem compensation
equivalent to one twenty-fifth of the monthly installment of the salary of
the judge of his court. The salaries of all judges, associate judges, substi-
tute judges, clerks, deputy clerks and clerical assistants of county courts
in any county having a density of population in excess of five thousand
per square mile shall be fixed and paid by the governing body of the
county for which such court is established; and all such judicial salaries
shall be fixed without regard to Article 5 of Chapter 1 of Title 14, and
shall not be diminished during the term of office of the judge.

§ 16.1-51. Disposition of fees.—All fees collected by the judge, asso-
ciate judge, substitute judge, clerk, or other officer or employee of any
county court except those in counties having a density of population in
excess of five thousand per square mile shall be paid as provided for in
Article 5 of Chapter 1 of Title 14. All such fees collected by the judge,
clerk, or other officer or employee of a county court in a county having a
density of population in excess of five thousand per square mile shall be
paid to the treasurer of such county.

Chapter 3.
MUNICIPAL COURTS.

Sec.

16.1-52. Municipal courts in cities of ten thousand to forty-five thousand.

16.1-58. Municipal courts in cities of forty-five thousand or more; the
judges thereof.

16.1-54. Municipal courts in certain cities of less than ten thousand and
in certain towns.

16.1-55. Municipal courts in cities and towns continued; the judges
thereof ; how courts designated.

16.1-56. Clerks of municipal courts, deputies and clerical assistants.

16.1-57. When clerks, deputies and others may serve two or more courts.

16.1-58. Powers and duties of clerks and deputies in civil matters.

16.1-59. In criminal matters.

16.1-60. Bailiffs; their duties and powers.
16.1-61. Quarters for court and clerk; furniture, supplies, etc.

16.1-62. Salaries of judges, clerks, etc. ; how fixed and paid. .

16.1-68. Cities may provide salaries as full compensation; fees paid into
treasury.

CHAPTER 3.
Municipal Courts.

§ 16.1-52. Municipal courts in cities of ten thousand to forty-five
thousand.—In each city having a population of ten thousand or more but
less than forty-five thousand there shall be a municipal court which may
be called the civil and police court of such city, and for each such court
there shall be a judge who shall be called the judge of such court. Such
judge shall at the time of his appointment have practiced law in this State
for at least five years.

§ 16.1-53. Municipal courts in cities of forty-five thousand or more;
the judges thereof.—In each city having a population of forty-five thou-
sand or more there shall be one or more municipal courts with civil juris-
diction which may be called the civil court or courts of such city. In each
such city there shall also be one or more municipal courts with criminal
jurisdiction which may be called the police court or courts of such city.
In each such city there may also be such other municipal courts as are
provided by general law or by its charter. Municipal courts in such cities
may be designated as municipal courts, civil courts, civil and police courts,
police courts, or traffic courts of their respective cities, or by such other
name or names as are prescribed by charter. If the charter of the city so
provides, civil and criminal jurisdiction may be exercised by a single
court. In the event any such city has a court with divisions or separate
units thereof, such court and the divisions or units thereof are hereby con-
tinued, and the units or divisions shall constitute municipal courts of such
city. All such courts shall be classified as municipal courts, and the presid-
ing officer of each court shall be the judge thereof. The judge of each court
shall at the time of appointment have practiced law in this State for at
least five years.

§ 16.1-54. Municipal courts in certain cities of less than ten thous-
and and in certain towns.—If the municipal charter of any city having a
population of less than ten thousand or of any town provides for a trial
justice court, a civil and police court, a municipal court, or other court
of general civil and criminal jurisdiction however called, such court shall
be the municipal court of such city or town, and may be called the civil
and police court thereof; and for each such court there shall be a judge
who shall be called the judge of such court.

§ 16.1-55. Municipal courts in cities and towns continued ; the judges
thereof; how courts designated.—With the exception of certain courts
of limited jurisdiction hereinafter mentioned and the juvenile and domes-
tic relations courts, the courts below the jurisdictional level of courts
of record existing in cities and towns on July 1, 1956, are continued as
municipal courts of the respective cities and towns, and the judge or
justice presiding over each such court shall thereafter be known as the
judge thereof. However, any such court existing on that day may continue
to use the name or designation under which it is operating, but the
provisions of this title with respect to municipal courts shall be applicable
thereto. Courts below the jurisdictional level of courts of record hereafter
created and given general jurisdiction in cities and towns shall likewise
be classified as municipal courts, and shall be subject to the applicable
provisions of this title.

§ 16.1-56. Clerks of municipal courts, deputies and clerical assis-
tants.—For each municipal court there shall be a clerk, who shall be
868 ACTS OF ASSEMBLY [va., 1956

known as the clerk of such court by whatever name it may be designated.
He shall be appointed by the judge or judges of the court to hold office
at the pleasure of such judge or judges. The clerk may also, with the
approval of the governing body of the city, appoint as many deputies
and other clerical assistants as may be necessary for the efficient opera-
tion of the court or courts for which he is clerk. Each of such appoint-
ments, however, and the continuance in office of such deputies and
clerical assistants shall be subject to the approval of the judge of the court.
Each deputy so appointed may act for the clerk and discharge any of the
Official duties of the clerk during his continuance in office, unless it be
some duty devolving upon the clerk alone. The clerk, deputy clerks and
other employees shall receive for their services such compensation as
the governing body of the city shall determine, to be paid out of the
treasury of the city.

§ 16.1-57. When clerks, deputies and others may serve two or
more courts.—Any city which is authorized by its charter so to do may
provide for the appointment of a single clerk and as many deputy clerks,
clerical assistants and other employees as may be necessary for the pur-
pose, to serve as such officers and employees of two or more of the
municipal courts in such city.

§ 16.1-58. Powers and duties of clerks and deputies in civil mat-
ters.—Every clerk of a municipal court having civil jurisdiction, and
every deputy clerk of such court when authorized by the judge thereof,
may issue any of the civil warrants, writs and processes of the court,
issue any civil warrant, writ or process which a justice of the peace may
issue in such city, issue abstracts of judgments and subpoenas for witnes-
ses, and take affidavits and administer oaths and affirmations. The clerk
and the deputy clerk shall have and exercise such other authority and
perform such other duties as are conferred or imposed upon them by law.
The clerk shall have charge of the court room and office, and shall be
responsible for the safekeeping of the records and other property con-
tained therein. The clerk or a deputy clerk shall attend all courts held
by the judge, and shall perform such other services as are required
of him by the judge.

§ 16.1-59. In criminal matters.—Each clerk of a municipal court
having criminal jurisdiction shall be a conservator of the peace within
the territory for which the judge of the court is appointed. The clerk,
and each deputy clerk when authorized by the judge thereof, may issue
any of the criminal warrants, writs or processes of the court, issue sub-
poenas for witnesses, take affidavits and administer oaths and affirma-
tions, and may also issue warrants of arrest and search warrants in
criminal cases as well as any criminal writ or process which a justice
of the peace may issue. Such clerk and deputy clerk shall have the same
power, authority and jurisdiction conferred by law upon justices of the
peace in the city in which the court is held; but the deputy clerk shall
exercise such power and authority only when authorized so to do by the
judge. The clerk and each deputy clerk shall have such other powers and
perform such other duties as are conferred or imposed upon them by law.
The clerk shall have charge of the court room and office and the records,
furniture and other property contained therein, and shall be responsible
for its safekeeping. The clerk or deputy clerk shall attend all sessions of
the court, and shall perform such other services as are required of him
by the judge.

§ 16.1-60. Bailiffs; their duties and powers.—Any judge of a munic-
ipal court, may, with the approval of the governing body of the city,
appoint a bailiff for his court, who shall hold office at the pleasure of the
judge. The bailiff shall be responsible for the cleaning, warming and
lighting of the court room and office, shall attend all courts held by the
CH. 555] ACTS OF ASSEMBLY 869

judge, and shall perform such other services as are required of him by
the judge. The bailiff shall have the power and authority of a police officer.
In any city whose charter contains provisions inconsistent with the provi-
sions of this section, the charter provisions shall prevail and this section
shall not apply.

§ 16.1-61. Quarters for court and clerk; furniture, supplies, etc.—
Each city having a municipal court shall provide a suitable court room
and office for the court, its judge and clerk, and shall provide all necessary
furniture, equipment, books, stationery and supplies for the efficient oper-
ation of the court. Such equipment and supplies shall remain the property
of the city, and shall be under the control of the clerk subject to the
supervision of the judge. .

§ 16.1-62. Salaries of judges, clerks, etc.; how fixed and paid.—
Except as otherwise provided herein the salaries of all judges, associate
judges, substitute judges, clerks, deputy clerks, clerical assistants and
bailiffs of each municipal court shall be fixed and paid by the governing
body of the city in which such court is held.

§ 16.1-63. Cities may provide salaries as full compensation; fees
paid into treasury.—The council of any city may provide by ordinance
that the salaries paid the judge, clerk and other officers and employees
of its municipal court or courts shall be in full compensation for all
services rendered by them. Unless otherwise provided all fees charged
and collected by them shall be accounted for and paid into the city

reasury.

Chapter 4.
JOINT OPERATION OF COURTS.

Sec.

16.1-64. Two or more counties or two or more cities may unite in employ-
ing a single judge; how appointed.

16.1-65. Certain cities may unite with a county or counties; how judge
appointed.

16.1-66. Substitute judge or judges.

16.1-67. Certain towns may participate in the joint operation of courts.

16.1-68. Trial justice or juvenile court judge of two or more political
subdivisions continued as judge of separate courts in such sub-
divisions; salaries and fees.

16.1-69. Termination of joint employment; vacancies; how filled.

CHAPTER 4.
Joint Operation of Courts.

§ 16.1-64. Two or more counties or two or more cities may unite in
employing a single judge; how appointed.—Two or more counties or two
or more cities may, with the approval of their respective governing bodies
and of the judges of the courts of record to which appeals from the courts
not of record therein lie, unite in the employment of a single judge to
preside over all or any of the courts not of record of such counties or of
such cities as the case may be. The appointment of such judge shall be
made by the judge or judges of the courts of record to which appeals from
the several courts not of record in such counties or in such cities lie. If
the appointment is to be made by two or more judges and they cannot
agree, such fact shall be certified to the Chief Justice of the Supreme Court
of Appeals who shall thereupon designate a judge of some other circuit
or corporation court to sit with such judges in considering the appoint-
ment, which appointment shall then be made by a majority of the judges
sitting. If cities only unite in such employment then the governing bodies
870 ACTS OF ASSEMBLY [vA., 1956

of such cities shall fix the compensation of the officers and employees of
the court.

§ 16.1-65. Certain cities may unite with a county or counties; how
judge appointed.—Any city surrounded by or contiguous to any county
may unite with such county, or with such county and one or more other
counties, with the approval of the governing bodies of such political sub-
divisions and of the judges of the courts of record to which appeals from
the courts not of record therein lie, in the employment of a single judge
to preside over any or all of the courts not of record within such political
subdivisions. The appointment of such judge shall be made by the judges
of the courts of record to which appeals from the several courts not of
record lie, but if such judges cannot agree upon the appointment such
fact shall be certified to the Chief Justice of the Supreme Court of Appeals
who shall thereupon designate a judge of some other circuit or corpora-
tion court to sit with such judges in considering the appointment, which
appointment shall then be made by a majority of the judges sitting.

§ 16.1-66. Substitute judge or judges.—If the political subdivisions
uniting in the employment of a single judge under the provisions of this
Article also desire to employ a single substitute judge for the several
courts, this may be done under the same conditions and in the same manner
set out in such sections for the employment of a single judge for such
courts; otherwise a substitute judge shall be appointed for each such court
as provided elsewhere in this title.

§ 16.1-67. Certain towns may participate in the joint operation of
courts.—Any town within any county which under its town charter has
a court not of record of general jurisdiction may likewise unite with such
county, or with such county and with one or more other political sub-
divisions, in the employment of a single judge to preside over its court
not of record and over all or any of the courts not of record within such
political subdivisions.

§ 16.1-68. Trial justice or juvenile court judge of two or more
political subdivisions continued as judge of separate courts in such sub-
divisions; salaries and fees.—Every trial justice and every juvenile court
judge who on July 1, 1956, is the trial justice or the juvenile court judge
for two or more political subdivisions, whether such political subdivisions
have independent courts not of record or a single court embracing such
political subdivisions, shall continue in office as the judge of such court or
courts. On and after such date each such court, regardless of its former
designation and whether or not it has been operated as an independent
court for a county or city or as an integral part of a single court havi
jurisdiction over two or more political subdivisions, shall be a separate an
independent court for each county or city in which it operated. If any
such single court for two or more political subdivisions is hereby continued
as separate courts for such subdivisions, each such separate court in a
county shall be the county court or the juvenile and domestic relations
court, as the case may be, of such county, and each such separate court
in a city shall be a municipal court or a juvenile and domestic relations
court, as the case may be, of such city. Each such court, its judge, substi-
tute judge, clerk, deputy clerks and clerical assistants shall be subject
to the provisions of Article 5 of Chapter 1 of Title 14 relating to salaries,
fees and fines, and the combined populations of the several political sub-
divisions shall be used in determining annual salaries as prescribed therein.

§ 16.1-69. Termination of joint employment; vacancies; how filled.
—When two or more political subdivisions have united in the employment
of a single judge to preside over any or all of the courts not of record
therein, any such county or city may, by resolution adopted by the gov-
erning body thereof, give at least six months notice to the governing
bodies of the other political subdivisions so uniting of its intention to
CH. 555) ACTS OF ASSEMBLY 871

terminate the joint employment at the end of the term of office for which
the judge has been appointed. The termination of the joint employment
shall create vacancies in the office of judge of the courts of the several
political subdivisions participating therein, whereupon all the provisions
of this chapter with respect to the filling of vacancies in the office of
judges and other officers of courts not of record shall apply to the vacan-
cies caused by such termination.

Chapter 5.

COURTS OF LIMITED JURISDICTION.

§ 16.1-70. Certain city and town courts of limited jurisdiction continued ;
to be known as police courts.

§ 16.1-71. What provisions of municipal charters applicable; authority of
city or town council.

§ 16.1-72. Removal of actions involving more than fifty dollars.

§ 16.1-73. Appeals.

§ 16.1-74. Procedure.

§ 16.1-75. aan of mayors, etc., superseded; other powers con-
inued.

Chapter 5.
Courts of Limited Jurisdiction.

§ 16.1-70. Certain city and town courts of limited jurisdiction con-
tinued; to be known as police courts.—All existing courts in cities and
towns created under former § 16-129, and all similar courts created
under the provisions of municipal charters, which courts are presided
over by mayors, justices of the peace, police justices or other trial officers
however designated and the jurisdiction of which is limited to cases involv-
ing violations of city or town ordinances or of cases instituted for the col-
lection of city or town taxes or assessments or other debts due and owing
to such city or town, are hereby continued with the same jurisdiction and
powers heretofore conferred upon them and shall, on and after July 1,
1956, be designated and known as the police courts of the respective cities
and towns. The trial officer presiding over each such court shall thereafter
be known as the police justice of such city or town. Unless otherwise
specially provided such police courts shall not be included in the designa-
tion “courts not of record’’ as used in this title, nor shall this title be
construed to repeal the provisions of municipal charters with respect
to such courts except to the extent that such provisions are in conflict
with this title.

Any such court which was created by resolution of the governing
body of any city or town may be abolished by a resolution of such govern-
ing body; whereupon all jurisdiction and power conferred upon such
court shall pass to and be exercised by the court or courts not of record
having jurisdiction over such city or town.

§ 16.1-71. What provisions of municipal charters applicable; author-
ity of city or town council.—Any such police justice or other trial officer
in office on July 1, 1956, or any successor to such police justice or trial
officer hereafter appointed or elected, as prescribed by the charter of the
city or town or by the council under the law effective immediately prior
to the effective date of this title shall serve for such time, receive such
salary, collect such fees, subscribe to such oath, and give such bond as may
be required by the charter of the city or town in which he serves or as
shall be prescribed by the council thereof. The council may provide for a
substitute police justice who shall have the same power and authority as
872 ACTS OF ASSEMBLY [va., 1956

the police justice while serving, and who shall receive such compensation
as the council shall prescribe. The council shall provide a suitable place for
the sessions of the court, and all necessary books, stationery and supplies.
It may provide a clerk for the court or such clerical assistance as it deems
necessary and prescribe the duties and fix the compensation of all such
employees. The fees in such courts shall, unless otherwise provided by
charter or by ordinance, be the same as those provided by law for
county courts, and the council may provide that such fees and all fines
imposed! by the trial officer shall be paid into the treasury of the city
or town.

§ 16.1-72. Removal of actions involving more than fifty dollars.—
When the amount in controversy exceeds the sum or value of fifty dollars,
exclusive of interest and costs, the action may be removed to a court
having jurisdiction of appeals from such police court. No affidavit of sub-
stantial defense shall be required for such removal, but in all other
respects the provisions of § 16.1-92 shall apply thereto. .

§ 16.1-73. Appeals.—Appeals from the decisions of the police justice
may be had as in the case of appeals from county courts, but all such
appeals shall be taken to the corporation court of the city if there be such
court, and if not, then to the circuit court of the county having jurisdic-
tion over such city or town. In civil matters there shall be an appeal of
right if the matter in controversy is of greater value than twenty dollars,
exclusive of interest and costs.

§ 16.1-74. Procedure.—All provisions with respect to venue, process
and order of publication, and procedure in county courts shall, except as
otherwise provided, be applicable to all cases instituted and heard in such
police courts, and all procedure in such courts shall conform as nearly as
may be to the provisions of this title with respect to procedure in county
courts.

§ 16.1-75. Jurisdiction of mayors, etc., superseded; other powers
continued.—No mayor, except when serving as the presiding officer of a
court of limited jurisdiction therein, shall, within any incorporated town,
or in any city in which a county court has jurisdiction under the provi-
sions of Chapter 4 of this title, exercise any civil or criminal jurisdiction
conferred upon such county court. Any mayor or other trial officer author-
ized to preside over a court of limited jurisdiction under this chapter shall,
however, have within his territorial jurisdiction, the same power to issue
attachments, warrants and subpoenas within the jurisdiction of such
county court as is conferred upon the judge of the court, and he shall also
have power to grant bail in any case in which he is authorized by general
law to grant bail, and to receive his fee therefor. But any such attach-
ment, warrant or subpoena shall be made returnable before the county
court for action thereon.

Chapter 6.
VENUE, JURISDICTION AND PROCEDURE
IN CIVIL MATTERS.
Article 1.

Venue in Civil Matters.
Sec.
16.1-76. In what courts actions may be brought.

Article 2.
Jurisdiction in Civil Actions.

16.1-77. Civil jurisdiction of courts not of record.
16.1-78. Judgment by confession not affected.
16.1-79.
16.1-80.
16.1-81.
16.1-82.

16.1-83.
16.1-84.
16.1-85.
16.1-86.
16.1-87.
16.1-88.
16.1-89.
16.1-90.
16.1-91.
16.1-92.
16.1-93.
16.1-94.
16.1-95.
16.1-96.
16.1-97.
16.1-98.
16.1-99

16.1-100.
16.1-101.

16.1-102.

16.1-103.
16.1-104.
16.1-105.
16.1-106.
16.1-107.
16.1-108.
16.1-109.
16.1-110.
16.1-111.
16.1-112.
16.1-113.
16.1-114.

16.1-115.
16.1-116.

16.1-117.
16.1-118.

16.1-119.

16.1-120.
16.1-121.
16.1-122.

Article 3.
Procedure in Civil Cases.

Actions brought on warrant.

Service of warrant and return thereof.

Actions brought by motion for judgment.

Service of motion; return thereon and delivery to the court;
how disposed of. .
Consent of parties required for trial within five days of service.
When warrant or motion not lost; when matured for hearing.
What term “warrant” to include.

When action deemed brought.

Civil docket.

Procedure when plaintiff sues on sworn claim.

Subpoena duces tecum.

Recognizance upon continuation of case.

Papers in each case to be numbered, indexed and filed.

Removal of action involving more than three hundred dollars.
Principles applicable to trial of cases.

Judgment to be noted on papers; formal orders may be entered.
Abstract of judgment.

What abstract to contain.

When a new trial granted.

Fieri facias or writ of possession, on judgment.

When and where execution returnable; to whom directed.
Additional executions; by whom issued.

Proceedings against officer failing to make or making improper
return.

Hie and sureties liable for money collected after return

ay.
Proceedings by interrogatories.
Scire facias.
Attachments.
Appeals from courts not of record in civil cases.
Requirements for appeal.
Deposit of money in lieu of bond.
Appellate court may require new or additional security.
Bankruptcy of appellant does not release surety.
Court to which appeal sent.
All papers transmitted to appellate court; further proceedings.
How appeals tried.
Principles applicable in trial of appeals and removals; defec-
tive or irregular warrants or motions.
Disposition of papers in civil matters.
Issuance of executions and abstracts after papers returned to
court of record.
When papers in civil cases in certain municipal courts may be
destroyed.
When papers in civil cases returned to courts of record from
county courts may be destroyed.
Article 4.
Trying Title to Property Levied on Under Distress
or Execution.
Proceedings to try title to property levied on under distress or
execution.
Summons in such cases.
Order after hearing.
Removal or appeal.
venue IN UlVll Mallers. te

§ 16.1-76. In what courts actions may be brought.—The provisions
of § 8-38 prescribing in what counties and cities actions at law may be
brought in courts of record shall apply to civil actions brought in courts
not of record when such actions are within the jurisdiction of the latter
courts. In addition to such venue, any civil action within the jurisdiction
of a court not of record may be brought in any county or city wherein
the defendant, or one or more of them if there be more than one defen-
dant, is regularly employed or has his regular place of business, or in
which the cause of action or any part thereof arose, although neither
the defendant nor any one of the defendants reside therein; and any
warrant or process against any such defendant may be directed to a
sheriff or sergeant of any other county or city wherein the defendant
resides or may be found; but no such warrant or other process shall
be served or executed in any other county or city than that wherein the
action is brought unless it be:

(1) An action against a corporation ; .

(2) An action upon a bond taken by an officer under authority of
some statute;

(8) An action to recover damages for a wrong;

(4) An action against two or more defendants on one of whom such
warrant or process has been executed in the county or city in which
the action is brought; or

(5) Unless it be otherwise specially provided.

icle 2.
Jurisdiction in Civil Actions.

§ 16.1-77. Civil jurisdiction of courts not of record.—Each court
not of record which prior to July 1, 1956, had jurisdiction of civil matters,
and each such court hereafter created upon which is conferred civil
jurisdiction, shall have, within the limits of the territory it serves, civil
jurisdiction as follows:

(1) Exclusive original jurisdiction of any claim to specific personal
property or to any debt, fine or other money, or to damages for breach
of contract or for injury done to property, real or personal. or for any
injury to the person, which would be recoverable by action at law or
suit in equity, when the amount of such claim does not exceed three
hundred dollars exclusive of interest and any attorney’s fees contracted
for in the instrument, and concurrent jurisdiction with the courts of
record having jurisdiction in such territory of any such claim when the
amount thereof exceeds three hundred dollars but does not exceed two
thousand dollars, exclusive of interest and any attorney’s fees contracted
for in the instrument.

(2) Jurisdiction to try and decide attachment cases when the
amount of the plaintiff’s claim does not exceed two thousand dollars
exclusive of interest and any attorney’s fees contracted for in the in-
strument.

(8) Jurisdiction of actions of unlawful entry or detainer as pro-
vided in Article 1 of Chapter 36 of Title 8, and in Chapter 13 of Title 55.

(4) Except where otherwise specifically provided, all jurisdiction,
power and authority over any civil action or proceeding conferred upon
any trial justice, civil justice, civil and police justice, or police justice
under or by virtue of any provisions of the Code of Virginia.

§ 16.1-78. Judgment by confession not affected.—None of the pro-
visions of § 16.1-77 shall affect the right of any person to obtain judgment
by confession in any court of record having jurisdiction thereof, or in
the clerk’s office of any such court, when such right exists under some
other statute or act, on any claim for money, property or damages,
regardless of the amount of such claim for money or damages or the value
of such property.

Article 3.

Procedure in Civil Cases.

§ 16.1-79. Actions brought on warrant.—A civil action in a court
not of record may be brought by warrant directed to the sheriff of the
county or sergeant of the corporation, or to any other officer authorized
to serve process in such county or corporation, requiring such officer to
summon the person against whom the claim is asserted to appear before
the court on a certain day, not exceeding thirty days from the date of
service thereof, to answer the complaint of the plaintiff set out in the
warrant. After such warrant has been issued and delivered to the officer
wo service it shall not be altered, nor any blank filled, except by order of

e cou

_ § 16.1-80. Service of warrant and return thereof.—The officer issu-
ing a warrant shall deliver to the officer to whom it is directed, or to the
plaintiff, for service, one or more original warrants and as many copies
as there are defendants upon whom it is to be served. Service of the
warrant shall be made as provided in Chapter 4 of Title 8, but the war-
rant must be served not less than five days before the return day. Returns
shall be made on the original, or on one or more of them if there be more
than one issued, and shall show when, where, how and upon whom service
was made. The warrant or warrants with the returns thereon shall be
delivered to the court prior to the return day thereof, but if not so deliv-
ered may, in the discretion of the judge of the court, be delivered before
the court convenes on the return day.

_ § 16.1-81. Actions brought by motion for judgment.—A civil action
in a court not of record may be brought by motion for judgment. Such
motion shall be in writing, signed by the plaintiff or his attorney, and shall
contain a caption setting forth the name of the court and the title of the
action, which shall include the names of all parties and the address of
each defendant. It shall state the facts on which the plaintiff relies, and
shall be sufficient if it clearly informs the defendant or defendants of the
true nature of the claim asserted. The motion shall notify the defendant
or defendants of the day on which such motion shall be made, which day
shall not be more than thirty days from the date of service of the motion.

§ 16.1-82. Service of motion; return thereon and delivery to the
court; how disposed of.—The plaintiff shall deliver to the officer or other
person serving the motion an original motion for judgment and as many
copies as there are defendants upon whom it is to be served. Service of
such motion shall be as provided in Chapter 4 of Title 8, but the motion
must be served not less than five days before the return day. Returns shall
be made on the original motion for judgment and shall show when, where,
how and upon whom service was made. The motion or motions with the
returns thereon shall be delivered to the court prior to the return day
thereof, but if not so delivered may, within the discretion of the judge of
the court, be delivered before the court convenes on the return day. The
motion for judgment shall be heard and disposed of by the court in the
same manner as if it were a civil warrant. Except as otherwise provided
herein, procedure upon such motion for judgment shall conform as nearly
as practicable to the procedure in motions for judgment prescribed by
Rules of Court for civil actions in courts of record.

§ 16.1-83. Consent of parties required for trial within five days of
service.—No trial of a warrant or motion for judgment under this title
may be had within five days after service thereof except with the consent
of the parties.
§ 16.1-84. When warrant or motion not lost; when matured for
hearing.—In the event the return day of any warrant or of any motion
for judgment is a day on which the court does not sit, such warrant or
motion shall not be lost but shall be deemed matured for hearing or other
disposition by the court on the first day thereafter on which the court sits
for hearing civil actions.

§ 16.1-85. What term “warrant” to include—Whenever the word
“warrant” is used in any section of the Code or act of assembly relating
to civil proceedings, it shall, unless the context or use indicates a different
meaning, be construed to mean “warrant or motion for judgment”.

§ 16.1-86. When action deemed brought.—A civil action on a war-
rant in a court not of record shall be deemed brought when the memo-
randum required by § 8-46.1 is filed with the clerk, justice of the peace,
or other officer authorized to issue warrants, and the required fee is paid,
but only if such warrant is subsequently served upon the defendant and
returned to the court within the time prescribed by law. The officer
issuing the warrant shall note on the memorandum the date it is received
by him with the required fee. A civil action on a motion for judgment
as authorized in § 16.1-81 shall be deemed brought on the day on which
the motion is served upon the defendant if such motion is subsequently
returned to the court within the time prescribed by law.

§ 16.1-87. Civil docket.—For each court not of record having juris-
diction of civil actions there shall be a civil docket, on which shall be
entered all civil actions or proceedings before the court, except those
in which the motion, warrant or other process has not been served. The
docket shall show the names of the parties, the kind of action brought,
the date on which the action was returnable or from which it has been
continued, the disposition made thereof by the court, and the date on
which any judgment is rendered or other action taken.

§ 16.1-88. Procedure when plaintiff sues on sworn claim.—Ié a civil
action in a court not of record is upon a contract, express or implied, for
the payment of money, or is brought by the Commonwealth or any politi-
cal subdivision or agency thereof for the collection of taxes or to enforce
any other obligation for the payment of money, an affidavit and a copy
of the account if there be one may be made and served with the warrant
or motion for judgment as provided in § 8-511 for actions at law, where-
upon the provisions of § 8-511 shall be applicable to the further proceed-
ings therein. The affidavit and the account if there be one may be attached
to the warrant or motion, in which event the combined papers shall be
served as a single paper.

§ 16.1-89. Subpoena duces tecum.—A judge of a court not of record
may issue a subpoena duces tecum requiring the production of any rele-
vant book, writing or document. In order to procure a subpoena duces
tecum the person applying therefor must present an affidavit of himself
or some other person describing the desired book, writing or document
with reasonable certainty and naming the person who is desired to pro-
duce the same, and stating that to the best of affiant’s belief the papers
or other writings are relevant to the trial of the case. Any such judge
may punish for contempt any person failing to appear or failing to pro-
duce the papers or other writings.

§ 16.1-90. Recognizance upon continuation of case.—Judges of
courts not of record may, upon the continuance of any case, require the
witnesses or any of them, to enter into recognizance in such penalty as
the judge may deem proper, either with or without security, for their
appearance at a subsequent date to give evidence in the case, such recog-
nizance to conform to the requirements of §§ 19-103 to 19-105 for taking
recognizance of witnesses.
CH. 555] ACTS OF ASSEMBLY 877

§ 16.1-91. Papers in each case to be numbered, indexed and filed.—
Upon the return of the warrant or motion for judgment to the court with
the return of the officer thereon showing service on one or more of the
defendants it shall be given a number by the judge or clerk, which shall
be the case number for that particular warrant or motion and all other
papers relating to that particular case. Cases shall be numbered consecu-
tively, and the case number of each shall be placed upon the papers and
upon the court docket and other records where the case appears. When-
ever any action or other proceeding is disposed of by the court, all papers
in the case shall be placed in an envelope or jacket which shall bear the
number of the case, or securely fastened together and numbered, and all
such envelopes or jackets or bundles of papers shall be filed in consecu-
tive order and preserved as provided by law. All writs of fieri facias or
other writs issued in the case shall bear the case number, and upon being
returned to the court or clerk’s office shall be placed with the other papers.
In each such court there shall be kept a case index on which there shall
be listed in alphabetical order the names of all defendants, and if the
judge of the court so directs, the names separately of all plaintiffs, using
a separate line or column for each, and the case number assigned to the
proceeding in which the plaintiff or defendant, respectively, appears.

§ 16.1-92. Removal of action involving more than three hundred
dollars.—When the amount in controversy in any action at law in a court
not of record exceeds the sum of three hundred dollars, exclusive of
interest, attorney’s fees contracted for in the instrument, and costs, the
judge shall, at any time on or before the return day of the process, or
within ten days after such return day, if trial of the case has not com-
menced or if judgment has not been rendered, upon the application of any
defendant, the filing by him of an affidavit of himself, his agent or attor-
ney, that he has a substantial defense to the action, and the payment by
him of the costs accrued to the time of removal, the writ tax as fixed by
law, and the costs in the court to which it is removed as fixed by sub-
section (59) of § 14-123, remove the action and all the papers thereof
to a court having jurisdiction of appeals from the court wherein the
action was brought; and the clerk if there be one, or the judge if there
be no clerk of the court, shall promptly transmit the papers in the case
and the writ tax and costs to the clerk of the court to which the action
is removed. If the defendant fails to pay the accrued costs, writ tax, and
the costs in the court to which the case is removed at the time the appli-
cation for removal is filed, the judge shall proceed to try the case.

On the trial of the case in the court of record the proceedings shall
conform as nearly as may be to proceedings prescribed by the Rules of
Court for other actions at law, but the court may permit all necessary
amendments, enter such orders, and direct such proceedings as may be
necessary or proper to correct any defects, irregularities and omissions
in the pleadings and bring about a trial of the merits of the controversy.

§ 16.1-93. Principles applicable to trial of cases.—Every action or
other proceeding in a court not of record shall be tried according to the
principles of law and equity, and when the same conflict the principles
of equity shall prevail. No warrant, motion or other pleading shall be
dismissed by reason of a mere defect, irregularity or omission in the
proceedings or in the form of the pleadings when the same may be cor-
rected by an order of the court. The court may direct such proceedings
and enter such orders as may be necessary to correct any such defects,
irregularities and omissions, and to bring about a trial of the merits
of the controversy and promote substantial justice to all parties. The
court may make such provisions as to costs and continuances as may

be just.
§ 16.1-94. Judgment to be noted on papers; formal orders may be
entered.—Whenever a judgment is rendered in a court not of record the
judgment shall be entered on the warrant, motion for judgment, counter
claim, cross-claim or other pleading and signed by the judge, or t
signature of the judge may be affixed by a facsimile stamp, in which
event the judge shall initial a notation of the judgment made on the
warrant or other paper. If the action is on a note, bond or other written
obligation, the date and amount of the judgment rendered shall be noted
thereon, to which notation the judge or clerk shall affix his name or his
initials. Nothing in this section shall be construed to prevent the judge
from entering a formal order in any case in which he deems such order
to be appropriate, or to affect the validity of any formal order so entered.

16.1-95. Abstract of Judgment.—At any time while the papers in
any case in which a judgment has been rendered by a court not of
record are retained by the court, the judge or clerk of the court shall
certify and deliver an abstract of the judgment to any person interested
therein. In the absence of any such judge or clerk, or in the event of a
vacancy in the office of such judge or clerk, such abstract of judgment
may be made and certified by the substitute judge or clerk, if there be
one, or by any other judge of a court not of record in such county or
city. If the papers in the case have been returned to a circuit or corpora-
tion court as provided in § 16.1-115, abstracts of the judgment may be
certified and delivered pursuant to the provisions of § 16.1-116.

§ 16.1-96. What abstract to contain—An abstract of a judgment
rendered in a court not of record shall contain the information required
by § 8-377 for entry in the judgment dockets of courts of record, except
that it shall not be necessary to include any information as to executions
which have been issued thereon.

§ 16.1-97. When a new trial granted.—After thirty days from any
judgment in a court not of record no new trial shall be granted therein.
No new trial shall be granted within the thirty days except upon motion
of one of the parties made when the other party or parties are present in
court, or after five days notice to such parties or their counsel stating the
time and place at which the motion will be made. If any such party is not
within the county or corporation in which the judgment was rendered,
notice may be given to his attorney, if any there be. The motion for
a new trial shall be heard by the judge who rendered the judgment, but
if he be not in office, or be absent from the county or city or is other-
wise unavailable to hear the application, it may be heard by his successor
or by any associate judge or substitute judge of the court.

§ 16.1-98. Fieri facias or writ of possession on judgment.—Upon a
judgment being rendered in a court not of record a writ of fieri facias
or a writ of possession shall be issued thereon immediately, but in the
event an appeal shall be noted by any party to the action the execution
of the writ may, in the discretion of the judge, be suspended for the ten
day period within which such appeal may be taken. When the judgment
is for personal property and the defendant is not given the option under
§ 8-593 to pay the amount of the judgment or surrender the property,
the plaintiff may, at his option, have a writ of possession for the specific
property and a writ of fieri facias for the damages or profits and costs,
and if the writ of possession prove ineffectual he may have a writ of
fieri facias for the alternate value. The judge or clerk shall write or
stamp upon the permanent docket or execution book of the court, or
upon the original warrant or motion, the issuing of each such writ and
the date of issuance.

§ 16.1-99. When and where executions returnable; to whom di-
rected.—A writ of fieri facias or a writ of possession issued from a
court not of record shall be made returnable within sixty days to the
CH. 655] ACTS OF ASSEMBLY 879

court from which it was issued. If, after the return day of the writ and
the completion of any garnishment, interrogatory or other proceeding in
connection therewith, the papers in the case have been returned to a court
of record, then the writ and other papers in connection with such pro-
ceeding shall likewise be returned to the court of record and filed with the
papers in the case. A writ of fieri facias may be directed to the sheriff of
any county or to the sergeant or constable of any corporation.

_ _§ 16.1-100. Additional executions; by whom issued.—Subject to the
limitations prescribed in Chapter 18 of Title 8, additional executions may
be issued as provided in § 8-407. If the papers in the case are being
retained in a court not of record or are preserved therein permanently,
as provided in § 16.1-115, such executions shall be issued by the judge
or clerk thereof and shall be returned to the court in which such papers
are held on the return day of the execution. If the papers in the case have
been returned to a circuit or corporation court as provided in § 16.1-115,
additional executions may be issued on the judgment pursuant to the
provisions of § 16.1-116 or of Chapter 19 of Title 8.

_ § 16.1-101. Proceedings against officer failing to make or making
improper return.—If an officer fail to make due return of any execution
issued from a court not of record, he may, on motion of the plaintiff and
after ten days notice, be fined from time to time by the judge of such
court in an amount not less than five nor more than twenty dollars for
each offense. And if an officer make such return upon an execution issued
from a court not of record as would, on a motion against the officer,
authorize judgment to be entered against him for all or any part of the
amount of such execution if the execution had issued from a court of
record, the creditor on whose behalf such execution issued, or his personal
representative, may, on a motion before the judge of such court after like
notice obtain such judgment against the officer, his sureties and others
as could be given by a court of record if the execution had issued there-
from. § 16.1-106 with respect to appeals in civil actions shall apply to
such judgment. Notwithstanding the provisions of this section any such
officer may be proceeded against as provided in Chapter 16 of Title 15, or
a motion for judgment may be brought as authorized in § 8-140.2.

§ 16.1-102. Officers and sureties liable for money collected after
return day.—If, after the return day of an execution issued on a judg-
ment rendered by a court not of record, an officer shall collect money or
take possession of property under such execution, he and his sureties shall
be liable for such money or property in like manner as if it had been
collected or taken before the return day.

§ 16.1-108. Proceedings by interrogatories.—Whenever a fieri facias
has been issued upon a judgment rendered in a court not of record the
judge or clerk of the court may issue the summons provided for in § 8-435.
In such case the judge of the court not of record shall have all of the
powers and authority respecting interrogatories conferred by §§ 8-435
to 8-440 upon any court or judge mentioned therein. The commissioner
before whom any person is required to appear by such summons shall
have the same powers and authority as if such summons had been issued
under § 8-435. All interrogatories, answers, reports and other proceedings
under such summons, and also all money, evidences of indebtedness and
other security in the hands of an officer which are directed by any section
of Chapter 19 of Title 8 to be returned or delivered to such court or judge,
or to the clerk’s office of such court, shall, when the summons was issued
by a judge of a court not of record, be returned or delivered-in like
manner to the court from which the summons issued.

If the papers in any civil action in which judgment has been rendered
have been returned to a court of record as provided in § 16.1-116, pro-
ceedings by interrogatories may be had in such court of record as if the
judgment had been rendered therein. a

From any order of the judge of the court not of record which involves
the disposition of any money or property exceeding the sum of fifty dol-
lars in value, exclusive of interest, there shall be an appeal in the same
manner and upon the same conditions as in appeals from judgments
rendered in civil matters in courts not of record. .

§ 16.1-104. Scire facias—Upon a judgment rendered in a court
not of record, a scire facias or action may be brought within the time
prescribed by §§ 8-896 and 8-397. Any such proceeding may be brought
in the court which rendered the judgment if the papers in the case are
on file therein, but if the papers have been removed to the clerk’s office
of the circuit or corporation court of the county or city, then the pro-
ceeding may be brought in such circuit or corporation court. All the pro-
visions of §§ 8-396 and 8-397 shall be applicable to judgments obtained
in a court not of record.

§ 16.1-105. Attachments.—The proceedings on any attachment
brought in a court not of record shall conform to the provisions of Chap-
ter 24 of Title 8, but if an attachment other than under § 8-566 is re-
turned executed and the defendant has not been served with a copy
thereof, and the amount claimed in the attachment does not exceed three
hundred dollars, exclusive of interest and any attorney’s fees contracted
for in the instrument, the judge or clerk of the court, upon affidavit in
conformity with §§ 8-71 and 8-72, shall forthwith cause a copy of the
attachment to be posted at the front door of the courthouse of the county
or the front door of the courtroom of the city or town wherein the attach-
ment was issued, and shall file a certificate of the fact with the papers in
the case, and, in addition to such posting, the plaintiff in the attachment
or his attorney shall give to the judge or his clerk the last known address
or place of abode of the defendant, verified by affidavit, and the judge or
clerk shall forthwith mail a copy of the attachment to the defendant at
his last known address or place of abode, or if the defendant be a corpo-
ration, at its last known address. The mailing of the copy as herein
required shall be certified by the judge or clerk in writing, and such cer-
tification shall be filed with the papers in the case. Fifteen days after the
copy of the attachment has been posted and a copy thereof mailed as
herein required, the court may hear and decide the attachment. If the
amount claimed in the attachment is more than three hundred dollars,
exclusive of interest and any attorney’s fees contracted for in the instru-
ment, an order of publication shall be entered and published and other
proceedings had in accordance with the provisions of §§ 8-71 to 8-75.
Personal service on a nonresident defendant out of this State as provided
in § 8-74 shall have the same effect, and no other, as an order of publi-
cation duly executed or the posting and mailing of a copy of the attach-
ment as provided herein.

If any such attachment is levied on real estate, the court shall not
take cognizance of the case, but the same shall be forthwith removed to
a court of record having jurisdiction of other actions removed therefrom,
to be further proceeded with in such court of record as if the attachment
had originated therein.

§ 16.1-106. Appeals from courts not of record in civil cases —From
any order entered or judgment rendered in a court not of record in a
civil case in which the matter in controversy is of greater value than
fifty dollars, exclusive of interest, any attorney’s fees contracted for in
the instrument, and costs, or when the case involves the constitutionality
or validity of a statute of this State, or of an ordinance or by-law of a
municipal corporation, there shall be an appeal of right, if taken within
ten days after such order or judgment, to a court of record. If the appeal
CH. 555] ACTS OF ASSEMBLY 881

is from a county court it shall be to the circuit court having jurisdiction
in such county. If the appeal is from a municipal court it may be to any
court of record exercising original common law jurisdiction in civil
cases in such city; provided, however, that if the charter of any city
prescribes to which court or courts of records appeals from courts not
of record in civil cases may be taken, such charter provisions shall be
controlling as to such appeals.

§ 16.1-107. Requirements for appeal.—No such appeal shall be al-
lowed unless and until the party applying for the same or someone for
him shall give bond, in an amount and with sufficient surety approved
by the judge or by his clerk if there be one, to abide by such judgment
as may be rendered on appeal if such appeal be perfected, or if not so
perfected, then to satisfy the judgment of the court in which it was
rendered; provided, however, that when such appeal is proper to protect
the estate of a decedent, an infant, a convict, an insane person, or the
interest of a county, city or town, no bond shall be required. If such
bond is furnished by or on behalf of any party against whom judgment
has been rendered for money or property or both, the bond shall be
conditioned for the performance and satisfaction of such judgment or
order as may be entered against such party on appeal, and for the payment
of all costs and damages which may be awarded against him in the ap-
pellate court. If the appeal is by a party against whom there is no re-
covery except for costs, the bond shall be conditioned for the payment
of such costs and damages as may be awarded aginst him on the appeal.

§ 16.1-108. Deposit of money in lieu of bond.—In lieu of giving
bond as provided in this article, any party appealing from the judgment
or order of the court may deposit with the judge or clerk thereof, who
shall issue his official receipt therefor, such sum of money as the judge
or clerk may estimate to be sufficient to discharge any judgment or
order which may be entered by the court of record on the trial of the
appeal. The money so deposited shall be transmitted to the clerk of the
court to which the appeal is taken, who shall likewise issue his official
receipt therefor.

§ 16.1-109. Appellate court may require new or additional security.
—tThe court to which the appeal is taken may on motion for good cause
shown, after reasonable notice to the appellant, require the appellant
to give new or additional security, and if such security be not given
within the time prescribed by the appellate court the appeal shall be
dismissed with costs, and the judgment or order of the court from which
the appeal was taken shall remain in effect and the appellate court shall
award execution thereon, with costs, against the appellant and his surety.

§ 16.1-110. Bankruptcy of appellant does not release surety.—No
surety in any appeal bond given by the appellant shall be released by the
appellant’s being adjudicated a bankrupt at any time subsequent to the
judgment rendered in the court not of record, but such surety shall be
entitled to make any defense on the trial of the appeal that the appellant
could have made, except the defense of bankruptcy.

§ 16.1-111. Court to which appeal sent.—The party taking an ap-
peal may, when there is more than one court having jurisdiction, direct
to which of such courts the appeal shall be sent for trial, but in the
absence of such directions the judge or clerk shall send the same to any
court having jurisdiction.

§ 16.1-112. All papers transmitted to appellate courts; further pro-
ceedings.—The judge or clerk of any court from which an appeal is
taken under this article shall promptly transmit to the clerk of the
appellate court the original warrant or warrants or other notices or
pleadings with the judgment endorsed thereon, together with all pleadings,
exhibits and other papers filed in the trial of the case and the required
882 ACTS OF ASSEMBLY [va., 1956

bond or the money deposited in lieu of such bond. If within thirty days
from the date of the judgment the appellant shall pay to the clerk of
the court to which the appeal is taken the amount of the writ tax as
fixed by law and costs as required by subsection (59) of § 14-123, the
case shall be docketed; but if the writ tax and costs be not so paid
within thirty days from the date of the judgment, the appeal shall there-
upon stand dismissed and the judgment shall become final, and the papers
shall be returned to the clerk of the court which rendered the judgment
and the judge of such court shall enter judgment against any surety on
the appeal bond as a matter of course. .

§ 16.1-113. How appeals tried—Every such appeal shall be tried by
the court in a summary way, or, if the amount in controversy exceeds
fifty dollars, by a jury if either party requires it. All legal evidence pro-
duced by either party shall be heard, whether the same was produced or
not before the court from which the appeal is taken. If judgment be
recovered by the appellee, execution shall issue against the principal and
his surety, jointly or separately, for the amount of the judgment, includ-
ing interests and costs, with damages on the aggregate at the rate of ten
per centum per annum, from the date of that judgment until payment,
and for the costs of the appeal; and the execution shall be endorsed “No
security is to be taken”. If the decision be reversed, the party substan-
tially prevailing shall recover his costs; and such order or judgment shall
be made or given as ought to have been made or given by the judge of
the court from which the appeal was taken. When the appeal is from an
order or judgment under §§ 16.1-119 to 16.1-121, the court shall enter
such judgment respecting the property, the expense of keeping it, and
any injury done to it, as may be equitable among the parties.

§ 16.1-114. Principles applicable in trial of appeals and removals;
defective or irregular warrants or motions.—Actions or proceedings
appealed or removed from courts not of record shall be tried according
to the principles of law and equity, and when the same conflict the prin-
ciples of equity shall prevail. No warrant, motion or other pleading shall
be dismissed by reason of a mere defect, irregularity or omission in the
proceedings in the court not of record, or in respect to the form of any
such pleading, when the same may be corrected by a proper order of the
court of record. But in any such case the court of record shall retain
the same, with full power to direct all necessary amendments, to enter
such orders and direct such proceedings as will tend to correct any such
defects, irregularities and omissions, to promote substantial justice to
all parties, and to bring about a trial of the merits of the controversy;
and the court may make such provision as to costs and continuances as
may be just. This section shall be liberally construed, to the end that
justice be not delayed or denied by reason of errors in the pleadings or in
the form of the proceedings.

§ 16.1-115. Disposition of papers in civil matters.—All papers con-
nected with any civil action or proceeding in a court not of record, except
those in actions or proceedings (1) in which no service of process is had,
(2) which are removed or appealed, and (8) in which the papers are
required by law to be sooner returned to the clerk’s office of a court of
record, shall be disposed of as follows:

(1) If in a county court, they shall be retained for six months after
the action or proceeding is concluded, and at the end of such period they
shall be delivered to the clerk of the circuit court where they shall be
properly filed, indexed and preserved, for which filing and indexing such
clerk shall receive a fee of twenty-five cents which shall be paid by the
plaintiff as a part of the costs and transmitted to the clerk of the circuit
court with the papers.

(2) If in a county court of a county adjoining a city having a popu-
CH. 555] ACTS OF ASSEMBLY 883

lation in excess of two hundred thirty thousand, they shall be properly
indexed, filed and preserved in such court. .

_. (8) If in a municipal court of a city or town which has combined
with a county for the joint operation of their courts, they shall be re-
tained for the same period prescribed herein for county courts, after
which they shall be delivered to the corporation court, if any, of the city,
otherwise to the court of record having jurisdiction therein, for filing,
indexing and preservation, for which filing and indexing such clerk shall
receive a fee of twenty-five cents which shall be paid and transmitted to
him dg provided in paragraph (1) hereof with respect to clerks of circuit
courts.
_. (4) If in any other municipal court, they shall be disposed of as pro-
vided by charter, but if there be no applicable charter provisions, then
they shall be properly indexed, filed and preserved in such court.

All filing fees provided for herein shall be taxed as a part of the costs.
The papers in actions or proceedings in which no service of process is
had shall be preserved for a period of three months, after which they
may, in the discretion of the judge of the court, be destroyed.

§ 16.1-116. Issuance of executions and abstracts after papers re-
turned to court of record.—When a judgment has been rendered in a
civil action in a court not of record and the papers in the action have been
returned to the clerk of the circuit or corporation court for filing and
preserving, executions upon and abstracts of the judgment may be issued
by the clerk of such circuit or corporation court. However, for a period of
two years from the date of any such judgment, the judge or clerk of the
court not of record may also issue executions upon and abstracts of the
judgment.

§ 16.1-117. When papers in civil cases in certain municipal courts
may be destroyed.—The clerk of any municipal court in which papers
are filed and preserved under § 16.1-115 may destroy the files, papers and
records connected with any civil case in such court, if;

(1) Such case was dismissed without any adjudication of the merits
of the controversy, and the final order entered was one of dismissal and
six months have elapsed from the date of such dismissal; or

(2) Judgment was entered in such case but the right to issue an
execution or bring a scire facias or an action on such judgment is barred
by §§ 8-396 and 8-397; and

(83) The destruction of such papers is authorized and directed by an
order of the judge of the court in which they are filed and preserved,
which order may refer to such papers by any one or more of the above
classifications, or to any group or kind of cases embraced therein, without
express reference to any particular case.

§ 16.1-118. When papers in civil cases returned to courts of record
from county courts may be destroyed.—The clerk of any court of record
to whose office papers in civil cases in the county court have been returned
for indexing and preserving under § 16.1-115 may destroy the files, papers
and records connected with any such civil case, if:

(1) Such case was dismissed without any adjudiction of the merits
of the controversy, and the final order entered was one of dismissal and
one year has elapsed from the date of such dismissal; or

(2) Judgment was entered in such case but the right to issue an
execution or bring a scire facias or an action on such judgment is
barred by §§ 8-396 and 8-397; or

(3) No service of the warrant or motion or other process or sum-
mons was had on any defendant and one year has elapsed from the date
of such process or summons; and

(4) The destruction of such papers is authorized and directed by an
order of the judge of the court in which they are preserved, which order
may refer to such papers by any one or more of the above classifications,
or to any group or kind of cases embraced therein, without express
reference to any particular case.

Article 4.

Trying Title to Property Levied on under Distress or Execution.

_. § 16.1-119. Proceedings to try title to property levied on under
distress or execution.—When an execution on a judgment of a court not
of record, or a warrant of distress, is levied on property, or when a lien
is acquired on money or other personal estate by virtue of § 8-431 and
some person other than the party against whom the process issued
claims such property, money or other personal estate, or some part
thereof, either the claimant, the officer having such process, or the party
who had the same issued may apply to any court not of record of the
county or city wherein the property, money or other personal estate may
be to try the claim of the party so claiming the same or some part thereof.

§ 16.1-120. Summons in such case.—If the party making such appli-
cation shall make and file an affidavit that to the best of his belief such
property, money or other personal estate so claimed by such third party is
not of greater value than two thousand dollars, the judge or clerk of the
court shall issue a summons directed to the sheriff of his county or the
sergeant of his city, as the case may be, requiring him to summon both
the creditor and the debtor to appear and show cause why such property,
money or other personal estate, or any part thereof, should not be dis-
charged from levy or lien of such execution or distress warrant. A copy
of such summons shall be served upon the claimant of the property, money
or other personal estate, unless the summons is sued out at his instance.
The summons shall be made returnable not less than five days after date
of its issuance, and if an earlier day shall have been fixed for the sale of
the property, or for the return of any process subjecting such money or
other personal estate to a final disposition, the judge shall make and
endorse on the summons an order requiring the postponement of the sale,
or the hearing to be had on such process, until after the return day of the
summons.

§ 16.1-121. Order after hearing After hearing the parties or such
of them as may attend after being summoned, and such witnesses as may
be introduced by either party, the judge shall order the officer, or the
possessor of any money or other personal estate, to deliver the same to
the claimant, if he be of opinion that the same belongs to the claimant;
but if he be of opinion that the property, money or other personal estate,
or any part thereof, belongs to the person against whom the execution or
warrant of distress issued, he shall order the officer who levied on the
same to sell the property so liable, to satisfy the execution or warrant of
distress; or when there is money or other personal estate in the possession
of a bailee or garnishee, he shall order the bailee or garnishee, as the case
may be, to make delivery to the execution creditor of all such money or
other personal estate so found to belong to the execution debtor, or so much
thereof as may be necessary to satisfy the execution; and he may give
such judgment respecting the property, the expense of keeping it, any
injury done to it, and for the costs, as may be just and equitable among
the parties.

§ 16.1-122. Removal or appeal.—If the money or property claimed
in any such proceeding be more than three hundred dollars in value, the
proceeding may be removed to a court of record and heard and disposed
of therein as in the case of other civil actions removed from a court not
of record. If the property or money claimed in any such proceeding be
more than fifty dollars in value, an appeal of right may be had to the
judgment or order of the court as in the case of other judgments rendered
by a court not of record.
s JULISGICLION IN UFrlminal watlers.
ec.
16.1-123. Jurisdiction of County Courts.
16.1-124. Jurisdiction of Municipal Courts.
16.1-125. Jurisdiction of Traffic Courts.
16.1-126. Certain courts of record may try misdeme
16.1-127. Courts may conduct preliminary examination
16.1-128. Exception when jurisdiction in State Corpor:
Article 2.
Procedure in Criminal Cases.
16.1-129. Offenses tried on warrants, or as provided
Title 19.
16.1-180. Criminal docket.
16.1-131. Sections with respect to subpoenas duces te
zances of witnesses applicable to criminal case
16.1-132. Right of appeal.
16.1-133. When appeal may be withdrawn and fine paid
16.1-134. Appeal by State in revenue cases.
16.1-135. Commitment; bail and recognizance; papers
late court.
16.1-136. How appeal tried.
16.1-137. Procedure on appeal when warrant defective.
16.1-138. Papers retained for payment of fine; when pa
and preserved in the trial court.
CHAPTER 7.
JURISDICTION AND PROCEDURE IN CR
MATTERS.

Article 1.
Jurisdiction in Criminal Matters.
§ 16.1-123. Jurisdiction of County Courts.—Each

(1) Exclusive original jurisdiction of all offenses
nances, laws and by-laws of the county for which it i
except as otherwise provided herein, of the towns therei1

(2) Except as herein otherwise provided, exclusi
diction within such county and the towns therein for th
misdemeanors arising therein;

(3) Exclusive original jurisdiction within any city
county, if no court of general criminal jurisdiction has
such city by charter or under general law, for the trial of
arising therein except offenses against the ordinances

(4) Such further jurisdiction, exclusive or concu
conferred upon such court by law.

Nothing herein shall be held to take away the juri
upon juvenile and domestic relations courts by Chapte

§ 16.1-124. Jurisdiction of Municipal Courts.
court having jurisdiction of criminal matters shall hav

) Exclusive original jurisdiction within the city |
it is created, and, except as otherwise provided by gen
charter, within the area extending for one mile beyc
limits thereof, for the trial of all offenses against the
and by-laws of the city or town committed within such

(2) If a municipal court of a city, concurrent
the corporation court of the city in all cases of violati
886 ACTS OF ASSEMBLY [va., 1956

and election laws of the State, and of all offenses arising under the
provisions of Chapter 9 of Title 18; .

_ (3) Except when it is otherwise specifically provided, exclusive
original jurisdiction within the corporate limits for the trial of all other
misdemeanors arising therein;

(4) Such other jurisdiction, exclusive or concurrent, as may be
conferred upon it by general law, or by the provisions of its municipal

r.

_§ 16.1-125. Jurisdiction of Traffic Courts—Each municipal court
which is constituted as a separate traffic court shall, within the limits
of the territory for which it is created, have original jurisdiction in the
trial of offenses under Title 46 and Chapter 18 of Title 58 of the Code
of Virginia, and under §§ 18-75 to 18-79 of the Code of Virginia, as such
title, chapter and sections now exist or as they may be hereafter amended,
and of violations of ordinances and administrative regulations of the city
adopted in accordance with such statutes.

§ 16.1-126. Certain courts of record may try misdemeanors; pro-
cedure.—Notwithstanding the provisions of this chapter, the circuit
court of any county, or the corporation court of any city having criminal
jurisdiction, shall have jurisdiction to try any person for any misdemeanor
for which a presentment or indictment is brought in or for which an
information is filed; or such court may certify the presentment, in-
dictment or information for trial to the court not of record which would
otherwise have jurisdiction of the offense; in which event the pre-
sentment, indictment or information shall be in lieu of any warrant,
petition or other pleading which might otherwise be required by law.

§ 16.1-127. Courts may conduct preliminary examinations.— In ad-
dition to the power and authority conferred by this chapter on courts
not of record having criminal jurisdiction, each such court shall have
power to conduct preliminary examinations of persons charged with
cae yan its jurisdiction in the manner prescribed in Chapter 5 of

e 19.

§ 16.1-128. Exception when jurisdiction in State Corporation Com-
mission.—Nothing in this chapter shall be held to confer upon courts
not of record any jurisdiction or power over offenses of which juris-
diction is specifically vested in the State Corporation Commission or in
courts of record under the corporation laws of the State.

Article 2.
Procedure in Criminal Cases.

§ 16.1-129. Offenses tried on warrants, or as provided in Chap 5
of Title 19.—Every offense of which a court not of record is given juris-
diction under this title may be tried upon a warrant; or the judge of
such court may, in his discretion, make an examination into the offense
and proceed according to the provisions of Chapter 5 of Title 19. The
word warrant as used in this chapter shall be construed to include a
summons or notice requiring a person to appear and answer a charge of
having violated any statute, ordinance, or any regulation having the force
and effect of law.

§ 16.1-129.1. In any case in which a person has been arrested for
a misdemeanor by an officer in the discharge of his duty, it shall not be
necessary that a warrant be issued for such person, who may be tried
without a warrant unless he shall, in person or by counsel, demand that
the charges against him be reduced to writing in the form of a warrant.

§ 16.1-180. Criminal docket—For each court not of record having
jurisdiction of criminal matters there shall be a criminal docket, on
which shall be entered all cases tried and prosecuted and all matters
coming before the court, and the final disposition of the same, together
with an account of costs and fines assessed.
CH. 555) ACTS OF ASSEMBLY 887

§ 16.1-131. Sections with respect to subpoenas duces tecum and
recognizances of witnesses applicable to criminal cases.—The provisions
of § 16.1-89 with respect to the issuance of subponenas duces tecum
and punishment for failure to comply therewith, and of § 16.1-90 with
respect to recognizances for witnesses upon the continuation of any case,
mal be applicable to proceedings of a criminal nature as well as to civil
actions.

§ 16.1-132. Right of appeal_—Any person convicted in a court not
of record of an offense not felonious shall have the right, at any time
within ten days from such conviction, and whether or not such con-
viction was upon a plea of guilty, to appeal to the circuit court of the
county or corporation or hustings court of the corporation, as the case
may be. There shall also be an appeal of right from any order or judgment
of a court not of record forfeiting any recognizance or revoking any
suspension of sentence.

_,, 8 16.1-188. When appeal may be withdrawn and fine paid.—Not-
withstanding the provisions of § 16.1-185, any person convicted in a
court not of record of an offense not felonious may within ten days after
such conviction, withdraw an appeal which has been noted, pay the fine
and costs to such court, and serve any sentence which has been imposed.
. § 16.1-134. Appeal by State in revenue cases.—In any case involv-
ing the violation of a law relating to the State revenue tried in a court
not of record under this title, the Commonwealth shall also have the
right at any time within ten days from final judgment to appeal to the
circuit court of the county or the corporation or hustings court of the
corporation as the case may be.

§ 16.1-1385. Commitment; bail and recognizance; papers returned to
appellate court.—When an appeal is taken at the time judgment is
rendered, the accused shall, unless let to bail, be committed to jail by
the court, until the next term of the court to which the appeal is taken
and the witnesses may be recognized to appear at the same time. When an
appeal is taken subsequent to the entry of the judgment of conviction,
the judge shall enter the allowance of the appeal on the warrant, and
such judge, or the circuit court of the county or corporation or hustings
court of the corporation, or the judge thereof, as the case may be, may
admit the accused to bail. Whenever an appeal is taken and the ten day
period prescribed by § 16.1-133 has expired the papers shall be promptly
returned to and filed with the clerk of the appellate court.

§ 16.1-136. How appeal tried—Any appeal taken under the pro-
visions of this chapter shall be heard de novo in the appellate court and
shall be tried without formal pleadings in writing; and, except in the
case of an appeal from any order or judgment of a court not of record
forfeiting any recognizance or revoking any suspension of sentence, the
accused shall be entitled to trial by a jury in the same manner as if he had
been indicted for the offense in the circuit or corporation court.

§ 16.1-187. Procedure on appeal when warrant defective-—Upon the
trial of the warrant on appeal the court may, upon its own motion or upon
the request either of the attorney for the prosecution or for the ac-
cused, amend the form of the warrant in any respect in which it appears
to be defective. But when the warrant is so defective in form that it does
not substantially appear from the same what is the offense with which
the accused is charged, or even when it is not so seriously defective, the
judge of the court having examined on oath the original complainant, if
there be one, or if he sees good reason to believe that an offense has been
committed, then without examination of witnesses, may issue under his
own hand his warrant reciting the offense and requiring the defendant in
the original warrant to be arrested and brought before him. Upon the
arrest of the defendant on the new warrant and his production or appear-
ance in court the trial shall proceed upon the new warrant. When there
is an amendment of the original warrant the trial shall proceed on the
amended warrant. But whether the warrant is amended or a new warrant
is issued, the court before proceeding to trial on the same may grant a
continuance to the prosecution or to the defendant upon such terms as to
costs as may be proper under the circumstances of the case.

When a warrant is amended or a new warrant is issued the costs
already accrued shall be taxed against the defendant, if he is ultimately
convicted, as a part of the costs arising under the new or amended
warrant. .

§ 16.1-138. Papers retained for payment of fine; when papers in-
dexed, filed and preserved in the trial court.—In any case in which the
defendant is permitted by the judge to pay in instalments any fine imposed
upon him the papers may, if otherwise required to be returned to a court
of record, be retained in the trial court for such period not in excess of
three years after conviction as may be required for the payment of the
fine or until the suspension is revoked. All papers in criminal proceedings
which are not required to be returned to a court of record shall be properly
indexed, filed and preserved in the trial court.

Chapter 8.

JUVENILE AND DOMESTIC RELATIONS COURTS.
Article 1.
General Provisions.
Sec.
16.1-139. Short title.
16.1-140. Purpose and intent.
16.1-141. Definitions.
16.1-142. This chapter controlling he se of conflict.
rticle 2.
Courts, Judges and Other Officers and Employees. .
16.1-143. Juvenile and domestic relations court for each county and city;
judges therefor.
16.1-144. Referees.
16.1-145. Clerk, deputies and other employees.
16.1-146. Powers and duties of clerks and deputies.
16.1-147. Powers and duties of bailiffs.
16.1-148. Salaries of judges, clerks and others; how paid.
16.1-149. Single salaries for officers and employees of county and juvenile
courts.
16.1-150. Reimbursement by State of one-half of compensation paid by
city or county.
16.1-151. Disposition of fees.
16.1-152. Quarters for court and clerk.
16.1-153. Books, supplies, etc.; how provided.
16.1-154. Judge to determine forms of records, and to adopt rules of
procedure.
16.1-155. Commonwealth’s attorney to assist court, and represent State
on appeal.
16.1-156. Co-operation of certain agencies and officials may be sought;
their duties.
16.1-157. Court’s advisory board.

Article 3.
Jurisdiction, Practice and Procedure;

Commitments.
16.1-158. Jurisdiction.
16.1-159.
16.1-160.
16.1-161.
16.1-162.
16.1-163.
16.1-164.
16.1-165.
16.1-166.
16.1-167.
16.1-168.
16.1-169.
16.1-170.
16.1-171.
16.1-172.
16.1-173.
16.1-174.
16.1-175.
16.1-176.
16.1-177.
16.1-178.
16.1-179.
16.1-180.
16.1-181.
16.1-182.
16.1-183.
16.1-184.
16.1-185.
16.1-186.
16.1-187.
16.1-188.

16.1-189.
16.1-190.
16.1-191.
16.1-192.
16.1-193.

16.1-194.
16.1-195.
16.1-196.
16.1-197.
16.1-198.
16.1-199.

16.1-200.
16.1-201.
16.1-202.

16.1-203.

16.1-204.
16.1-205.
16.1-206.
16.1-207.
16.1-208.

Retention or resumption of jurisdiction.
Venue.
Concurrent jurisdiction.
Dockets and order books; hearings, records private. .
Records of police departments and Division of Motor Vehicles.
Information; investigation; petition ; summons.
Form and content of petition.
Summons and notice; taking custody of child.
How service made and when necessary.
Who shall serve summons, warrants, etc.
Proof of service.
Failure to obey summons constitutes contempt.
Fees and travel expenses of witnesses.
Notice to parents or person or agency acting in place of parents.
When guardian ad litem appointed.
Time of service and hearing.
Transfer from other courts.
Transfers to other courts.
Procedure in transferred cases.
Decree.
Effect of adjudication on status of child.
Duration of commitments and contracts for placement.
Transfer of information upon commitment.
Protection of religious affiliations.
Review of order of commitment.
Payment for support from estate of child or minor.
Support of child committed to a custodial agency or person.
Procedure in other cases.
Suspension of sentence; probation.
Revocation of order of suspension; resumption of jurisdiction
of the court.
Bonds and forfeitures thereof.
Physical and mental examinations and treatment.
Interference with or obstruction of officer.
Disposition of papers.
When papers may be destroyed.

Article 4.

Arrest and Detention of Juveniles.

When and how a child may be taken into immediate custody.
Limitation as to issuance of warrants for children.
Limitation on transportation and confinement of children.
Children taken into custody, how released or detained.
State-wide plan for detention facilities; supervision thereof.
Establishment of homes and other places for temporary deten-
tion.
Visitation and management of such homes.
Expenses of such homes.
Cost of maintenance of children in other homes.

Article 5.

Probation System.

Function of Department of Welfare and Institutions; division
of supervision of probation and detention; regulations of State
Board; advisory council.
Duties of such division.
How probation service provided.
Compensation of probation officers.
Designation of supervisory officer.
Powers, duties and functions of probation officers.
890 ACTS OF ASSEMBLY [va., 1956

16.1-209. Reports of court officers privileged.

16.1-210. Supervision of child or minor onparole = |.
16.1-211. Placing child on parole in foster home or with institution; how

nanced.
16.1-212. Transfer of supervision from one probation officer to another.
16.1-213. Traveling expenses of judges, probation officers and other offi-
cers of the court.
Article 6.

Appeals.
16.1-214. Jurisdiction of appeals; procedure.
16.1-215. Effect of final judgment on appeal.
16.1-216. Effect of petition for or pendency of appeal.
16.1-217. How payments made out of criminal costs.
CHAPTER 8.
JUVENILE AND DOMESTIC RELATIONS COURTS.
Article 1.
General Provisions.

§ 16.1-189. Short title—The short title of the statutes embraced
in this chapter is “Juvenile and Domestic Relations Court Law”. .

§ 16.1-140. Purpose and intent.—This law shall be construed liber-
ally and as remedial in character; and the powers hereby conferred are
intended to be general to effect the beneficial purposes herein set forth.
It is the intention of this law that in all procedings concerning the dis-
position, custody or control of children coming with the provisions hereof,
the court shall proceed upon the theory that the welfare of the child is
the paramount concern of the State and to the end this humane purpose
may be attained, the judge shall possess all necessary and incidental
powers and authority, whether legal or equitable in their nature.

A child coming within the purview of this law, whose custody the
court assumes, shall be for his or her minority subject to such watchful
care, custody, discipline, supervision, guardianship and control as may be
conducive to the welfare of the child and the best interests of the State.

§ 16.1-141. Definitions—When used in this chapter, unless the
context otherwise requires:

(1) “The court” or the “juvenile court”? means the juvenile and
domestic relations court of each county or city;

(2) “The judge” means the judge, the associate judge, or the substi-
tute judge of the juvenile and domestic relations court of each county or

' (3) “Child” or “juvenile” means a person less than eighteen years
of age;

(4) “Minor” means a person eighteen years of age or older, but less
than twenty-one years of age;

(5) “Adult” means a person twenty-one years of age or older;

(6) “Department” means the Department of Welfare and Institu-
tions and “Director”? means the administrative head in cha thereof
or such of his assistants and subordinates as are designated by him to
discharge the duties imposed upon him under this law;

(7) “This law’, “the law” means the Juvenile and Domestic Rela-
tions Court Law embraced in this chapter;

(8) “Juvenile probation officer” may be called a “counsellor” or
“probation officer’, and;
att (9) “State Board” means the State Board of Welfare and Insti-

ions.

§ 16.1-142. This chapter controlling in event of conflict—_Whenever
any specific provision of this chapter differs from or is in conflict with
any provision or requirement of any other chapters of this title relating
to the same or a similar subject, then such specific provision shall be
controlling with respect to such subject or requirement.
VUUUT Es, JUGRSS €NG VUDEI UHICEIS alu Sillspivy cen

§ 16.1-148. Juvenile and domestic relations court for each county
and city; judges therefor.—In every county and in every city there shall
be a court which shall be called the juvenile and domestic relations court
of such county or city, and for each such court there shall be one or more
judges who shall be called the judge of such court. . . .

§ 16.1-144. Referees—The judge of the juvenile court in any city
having a population of more than two hundred thousand may appoint one
or more discreet and suitable persons trained either in the law or in social
case work, to act as referee for the purpose of hearing and determining
any matters or cases assigned to him by the court, to conduct the hearing
of the case and to report to the court his findings and recommendations.
The referee’s findings and recommendations, if any, when approved by the
judge, shall become the judgment of the court. Any person in interest
shall have the right to secure a review of the report of the referee with
the right to introduce further evidence prior to entry of judgment thereon
by the court. From any final order or judgment entered by the court under
the provisions of this section, an appeal may be taken in accordance with
the provisions of this law governing appeals.

Any person appointed as referee hereunder shall have the power and
authority of a justice of the peace in administering oaths and performing
the duties of his office. He shall be subject to removal by the judge for
cause. Such referee, if otherwise qualified, shall be eligible for appoint-
ment as substitute judge. Each referee appointed under the provisions in
this section shall receive compensation for his services as fixed by the
governing body of the city upon the recommendation of the judge of the

court.

§ 16.1-145. Clerk, deputies and other employees.—The judge of the
juvenile court of any county or city may appoint a clerk and a hailiff
for his court. The judge of the juvenile court of each city, and of each
county having a density of population in excess of five thousand per
square mile, may, with the approval of the governing body of such city
or county, appoint such deputy clerks and other employees as may be
necessary for the proper conduct of the court. The judge of the juvenile
court of any other county may, with the approval of the Committee of
Judges referred to in § 14-50, appoint such deputy clerks and other
employees as may be necessary for the proper conduct of such court.
Such officers and employees shall serve at the pleasure of the judge. In
each city and in each county having a density of population in excess
of five thousand per square mile the compensation of the clerk and other
employees shall be fixed by the governing body thereof and paid out of
the treasury of such city or county. In all other counties the compensation
of the clerk and other employees shall be fixed and paid as provided in
§ 14-50 for the payment of the compensation of the clerks and other
employees of trial justices. In any county in which the same person is
judge of the county court and the juvenile court, the clerk and other
employees of the county court may also be appointed to serve the juvenile
court, and in the event a single judge is appointed to preside over the
courts not of record of two or more political subdivisions as authorized
by Chapter 4 of this Title, such judge may appoint the same person to
serve in two or more of such courts, either in the capacity of clerks,
deputy clerks, bailiff or other employee.

§ 16.1-146. Powers and duties of clerks and deputies.—The clerk
of the juvenile court shall be a conservator of the peace within the
territory for which the judge of the court is appointed. Such clerk, and
each deputy clerk when authorized by the judge, may issue any of the
warrants, attachments, petitions, writs or other processes of the court,
892 ACTS OF ASSEMBLY [vaA., 1956

including warrants of arrest and search warrants in criminal cases,
may issue subpoenas for witnesses, take affidavits, and administer oaths
and affirmations. When authorized by the judge the clerk may dismiss
charges pending against persons before the court. The clerk and the
deputy clerk shall have such other powers and perform such other duties
as are conferred or imposed upon them by law. The clerk shall keep the
court docket and accounts, and shall perform such other duties as the
judge of the court prescribes.

§ 16.1-147. Powers and duties of bailiffs—-The bailiff shall have
charge of the courtroom and the offices connected therewith, and shall
be responsible for the safekeeping of the furniture and other property
therein. He shall perform such other services as are required of him by
the judge, and shall attend such sessions of the court as the judge shall
direct. The bailiff shall have the power and authority of a police officer.

§ 16.1-148. Salaries of judges, clerks and others; how paid.—The
salaries of the judges, associate judges, substitute judges, clerks, deputy
clerks and other employees of the juvenile courts in all counties except
those having a density of population in excess of five thousand per square
mile shall be fixed and paid as provided in Article 5 of Chapter 1 of
Title 14. Each substitute judge of any such court shall receive for his
services a per diem compensation equivalent to one twenty-fifth of the
monthly installment of the salary of the judge of his court. The salaries
of all judges, associate judges, substitute judges, clerks, deputy clerks
and other employees of juvenile courts in any county having a density
of population in excess of five thousand per square mile shall be fixed
and paid by the governing body of the county for which such court is
established. The salaries of all judges, associate judges, substitute judges,
referees, clerks, deputy clerks, bailiffs and other employees of juvenile
courts in cities shall be fixed and paid by the governing body of the
respective cities for which such courts are established. The salaries
referred to herein shall be in lieu of all fees which may accrue to the
recipient by virtue of his office.

§ 16.1-149. Single salaries for officers and employees of county and
juvenile courts—The Committee of judges referred to in § 14-50 and
authorized therein to fix the salaries of the officers and employees of the
trial justice courts and juvenile courts of certain counties, may, in its
discretion, fix a single salary for any such officer or employee, which
salary shall be the total compensation paid him for services in the
county court and in the juvenile court of the county.

§ 16.1-150. Reimbursement by State of one-half of compensation
paid by city or county—The Commonwealth shall reimburse each city
and each county having a density of population in excess of five thousand
per square mile annually at the end of each fiscal year one-half of the
compensation paid the judge, associate judge, substitute judge, referee,
clerk, deputy clerks, bailiff and other employees of each juvenile court
therein during each such year. Such reimbursement shall be made by the
pints Treasury out of funds appropriated for the payment of crimi
costs.

§ 16.1-151. Disposition of fees.—All fees collected by the judge,
associate judge, substitute judge, referee, clerk, deputy clerks and other
employees of a juvenile court of a city or of a county having a density of
population in excess of five thousand per square mile shall be paid into
the treasury of the city or county respectively. All fees collected by such
officers and employees of a juvenile court of any other county shall be
accounted for and paid as provided in Article 5 of Chapter 1 of Title 14
with respect to fees collected by officers and employees of trial justices.

16.1-152. Quarters for court and clerk.—Each city and each
county shall provide suitable quarters for the court and its clerk, and a
CH. 555] ACTS OF ASSEMBLY 893

suitable room or rooms for the sessions of the court at the places desig-
nated for such purpose, except that if a juvenile court of a county is held
in a city or town other than the county seat such city or town shall provide
a suitable place for the court to be held. Each city and county shall also
provide all furniture, filing cabinets and other equipment necessary for
the efficient operation of the court.

§ 16.1-153. Books, supplies, etc.; how provided.—The State shall
provide civil and criminal dockets and other books, stationery and supplies
necessary for the efficient operation of all juvenile courts in counties ex-
cept those in counties having a density of population in excess of five
thousand per square mile. The governing body of each county having a
density of population in excess of five thousand per square mile shall pro-
vide civil and criminal dockets and other books, stationery and supplies
necessary for the efficient operation of the juvenile court therein.

§ 16.1-154. Judge to determine forms of records, and to adopt rules
of procedure.—The judge, after consultation with the Director, may deter-
mine the form and character of the records of the court. The judge may
adopt and publish rules not in violation of law to regulate proceedings
before his court and the conduct of the officers and employees of the court,
which rules shall be construed and enforced liberally in furtherance of the
remedial purposes of this chapter. In so far as is practicable all such
records and rules shall be uniform throughout the State.

§ 16.1-155. Commonwealth’s attorney to assist court, and represent
State on appeal.—The judge may, in his discretion, call upon the Common-
wealth’s attorney of his city or county to assist the court in any proceeding
under this law, and the Commonwealth’s attorney shall render such assist-
ance when so requested.

And the Commonwealth’s attorney shall represent the State in all
cases appealed from the juvenile and domestic relations court to circuit,
corporation, or hustings courts.

§ 16.1-156. Cooperation of certain agencies and officials may be
sought; their duties.—The court may seek the cooperation of all societies,
organizations or institutions, public or private, having for their object the
protection, aid or care of children, to the end that the court may be
assisted in every reasonable way to give all children coming under its
jurisdiction the care, protection and assistance which will best conserve
the welfare of such children. Every official of such city or county and
every department thereof shall render such assistance and cooperation
to the court as will best further the object of this law. All institutions,
associations or other custodial agencies in which any child coming within
the provisions of this law may be are hereby required to give such infor-
mation to the court or to any of its officers as the court or officers may
require for the purpose of this law.

§ 16.1-157. Court’s advisory board.—The judge of any court may
appoint a board of not more than fifteen citizens of the county or city,
known for their interest in the welfare of children, who shall serve without
compensation, to be called the advisory board of the court. The members
of the board shall hold office during the pleasure of the court or the judge
thereof. The duties of the board shall be as follows:

(1) To advise and cooperate with the court upon all matters affecting
the workings of this law and other laws relating to children, their care
and protection and to domestic relations;

(2) To visit as often as they conveniently can institutions and asso-
ciations receiving children under this law, and to report to the court from
time to time the conditions and surroundings of the children received by
or in charge of any such persons, institutions or associations;

(3) To make themselves familiar with the work of the court under
this law and make from time to time a report to the public of the work
of the court.
Each such advisory board appointed under the provisions of former
§ 16-172.22 shall continue as the advisory board of the court for which it
was appointed.

Article 3.
Jurisdiction, Practice and Procedure; Commitments.

§ 16.1-158. Jurisdiction—The judges of the juvenile court elected
or appointed under this law shall be conservators of the peace within the
corporate limits of the cities and the boundaries of the counties for which
they are respectively chosen and within one mile beyond the corporate
limits of such cities. Except as hereinafter provided, each juvenile and
domestic relations court shall have, within the limits of the territory for
which it is created, exclusive original jurisdiction, and within one mile
beyond the corporate limits of said city, concurrent jurisdiction with the
juvenile court or courts of the adjoining county or counties over all cases,
matters and proceedings involving:

1. The custody, support, control or disposition of a child:

(a) whose parent or other person legally responsible for the care
and support of such child is unable, or neglects or refuses when able so

do, to provide proper or necessary support, education as required by
law, or medical, surgical or other care necessary for his well being; _

(b) who is without proper parental care, custody or guardianship;

(c) who is abandoned by his parent or parents or other custodian;

(d) whose parent or parents or custodian for good cause desire to
be relieved of his care and custody; .

(e) whose custody or support is a subject of controversy, provided,
however, that in such cases jurisdiction shall be concurrent with and not
paclunve of courts having equity jurisdiction, as provided in § 16.1-161

ereof ;

(£) whose occupation, behavior, environment, condition, association,
habits or practices are injurious to his welfare; ;

(g) who deserts or is a fugitive from his home, or who is habitually
disobedient or beyond the control of his parents or other custodian, or is
incorrigible;

(h) who being required by law or his parents or custodian to attend
school is a willful and habitual truant therefrom;

‘(i) who violates any State or Federal law, or any municipal or
county ordinance; provided, however, that in violations of Federal law
jurisdiction in such cases shall be concurrent and shall be assumed only
if waived by the Federal court;

(j) whose condition or situation is alleged to be such that his welfare
demands adjudication as to his disposition, control and custody, provided
that jurisdiction in such cases shall be concurrent with and not exclusive
fe ia of courts having equity jurisdiction, as provided in § 16.1-161

ereof.

2. The commitment of a mentally defective or mentally disordered
child who is within the purview of this law. Such commitment shall be in
paoriane with the provisions of Chapters 3, 6 and 7 of Title 87 of the

ode.

8. Judicial consent to the marriage of a child or minor, or for his
enlistment in the armed forces, or for surgical or medical treatment for
a child, who has been separated from his parents or guardian and is in
the custody of the court when such consent is required by law.

A minor who is charged with having violated, prior to the time
he became eighteen years of age, any State or Federal law, municipal or
county ordinance, provided that jurisdiction in Federal offenses shall be
concurrent with Federal courts and shall be assumed only if waived by
the Federal court. Such minor shall be dealt with under the provisions of
this law relating to juveniles.
CH. 555] ACTS OF ASSEMBLY 895

5. An adult or a person sixteen years of age or over charged with
deserting, abandoning or failing to provide support for any person in
violation of law.

_ The enforcement of any law, regulation, or ordinance for the
education, protection or care of children; provided, that in any case where
a child is not qualified to obtain a work permit under other provisions
of law, the court may, whenever the judge thereof in his judicial discre-
tion deems it for the best interest of such child, grant a special work
permit to such child, but any special work permit granted pursuant to
this authority shall be valid only for the employment for which it is
issued, and may be restricted in any other manner, or cancelled at any
time, by the court which granted the permit.

7. The prosecution and punishment of persons charged with ill-
treatment, abuse, abandonment or neglect of children or with any viola-
tion of law which causes or tends to cause a child to come within the
purview of this law, or with any other offense against a child except
murder and manslaughter; provided, that in prosecution for other felonies
over which the court shall have jurisdiction, such jurisdiction shall be
limited to that of examining magistrate.

All offenses except murder and manslaughter committed by one
member of the family against another member of the family; and the
trial of all criminal warrants in which one member of the family is com-
plainant against another member of the family, provided, that in prose-
cution for other felonies over which the court shal] have jurisdiction,
said jurisdiction shall be limited to that of examining magistrate. The
word “family” as herein used shall be construed to include husband and
wife, parent and child, brothers and sisters, grandparent and grandchild;
and

9. Any violation of law the effect or tendency of which is to cause
or contribute in any way to the disruption of marital relations or a home.

§ 16.1-159. Retention or resumption of jurisdiction.—When jurisdic-
tion has been obtained by the court in the case of any child, such jurisdic-
tion may be retained or reassumed by the court until the child becomes
twenty-one years of age, except when he is in the custody of the Depart-
ment or when jurisdiction is divested under the provisions of § 16.1-161.

§ 16.1-160. Venue.—The venue of any proceeding concerning any
child under this law shall be in the county or city where the child is
present at the time the act complained of is committed. Provided, how-
ever, in any proceeding instituted by parents, guardians or anyone stand-
ing in loco parentis involving the custody of any such child, the venue of
any such proceeding shall be where the child is physically present at the
time of the institution of said proceeding, or, at the option of the peti-
tioner, where the child resided any pant of the year preceding the com-
mencement of the proceeding. The judge may, after adjudication, transfer
the case to the court where the child resides for final determination or
for supervision.

§ 16.1-161. Concurrent jurisdiction Nothing contained in this law
shall deprive any other court of the concurrent jurisdiction to determine
the custody of children upon a writ of habeas corpus under the law, or
to determine the custody or guardianship of children when such custody
or guardianship is incidental to the determination of causes pending in
such courts, provided that when a court of record shall have taken juris-
diction thereof the juvenile and domestic relations courts shall he di-
vested of such jurisdiction. Such court may certify such matters to the
juvenile and domestic relations court for hearing and determination or
for recommendation.

§ 16.1-162. Dockets and order books; hearings, records private.—
Every juvenile court shall keep a separate docket, order book or file
896 ACTS OF ASSEMBLY [va., 1956

for the entries of its orders in cases arising under this law, and ‘the
trial of all such cases shall be held at a different time from the hearing
of other cases in the court. The general public shall be excluded from all
juvenile court hearings and only such persons admitted as the judge
shall deem proper. The presence of the child in court may be waived
by the judge at any stage of the proceedings. The records of all such
cases, excepting those involving adults, shall be withheld from public
inspection but they shall be open to the child’s parents and attorney and
to such other persons as the judge in his discretion decides have a direct
interest therein.

§ 16.1-168. Records of police departments and Division of Motor
Vehicles.—The police departments of the cities of the State, and the
police departments or sheriffs of the counties, as the case may be, shall
keep separate records as to violations of law committed by juveniles,
and the Division of Motor Vehicles shall keep separate records as to
violations of the motor vehicle law committed by juveniles, and such
records shall be withheld from public inspection and shall be exhibited
only to persons having a legal interest therein and with the express
approval of the judge; provided, however, that records of violations of
the motor vehicle laws with reference to the operation of such motor
vehicles by juveniles shall be open to public inspection.

§ 16.1-164. Information; investigation; petition; summons.—When
the court receives reliable information that any child or minor is within
the purview of this law or subject to the jurisdiction of the court here-
under, except for a traffic violation or violation of the game and fish
law, the court shall require an investigation which may include the
physical, mental and social conditions and personality of the child or
minor and the facts and circumstances surrounding the violation of the
law. The court may then proceed informally and make such adjustment
as is practicable without a petition or may authorize a petition to be filed
by any person, and if any such person does not file a petition a pro-
bation officer or a police officer shall file it; but nothing herein shall
affect the right of any person to file a petition if he so desires. In case
of violation of the traffic laws or the game and fish laws the court may
proceed on any summons issued without the filing of a petition. In case
of violation of the traffic laws such summons may he issued by the officer
investigating the violation in the same manner as provided by law for
adults.

§ 16.1-165. Form and content of petition.—The petition may be in-
formal, but may be in the following form and shall contain the facts
below indicated:

“Commonwealth of Virgimia, Tr re... cscsssscccsssssseessseseeeeenee a child or

(name of child or juvenile)
juvenile under eighteen years of age.
f ) oe the Juvenile and Domestic Relations Court of the county (or
CHEY) Of eee ccccescsssesesssnssssenccsennssseecsemusssssesssensentesee ”,

(1) Statement of name, age and residence of the child.

(2) Statement of names and residence of his parents.

(3) Statement of name and residence of his legal guardian if there

one.

(4) Statement of name and residence of the person or persons having
custody or control of the child.

(5) Statement of names and residence of the nearest known relatives
if no parent or guardian can be found.

(6) Statement of the facts which allegedly bring the child within
the purview of this law.

If any of the facts herein required te be stated are not known by the
petitioner the petition shall so state. The petition shall be verified and
may be upon information.
CH. 555] ACTS OF ASSEMBLY 897

§ 16.1-166. Summons and notice; taking custody of child—After
a petition has been filed and after such further investigation as the court
directs, unless the parties hereinafter named voluntarily appear, the
court shall issue a summons reciting briefly the substance of the petition
or the charge upon which it is alleged that the child is within the pu-
view of this law and requiring all proper or necessary persons to appear
personally before the court at a time and place stated. If the person
so summoned shall be other than a parent or guardian of a child, then
the parent or parents or the guardian or both, if their address be known,
shall be notified of the pendency of the case, the charge, and of the time
and place appointed for the hearing. . ;

If it appears that the child is in such condition or surroundings
that his welfare requires or there is other good reason that his custody
be immediately assumed by the court, the judge may order by endorsement
upon the summons or other process issued that the officer serving or
executing the same shall at once take the child into custody. .

§ 16.1-167. How service made and when necessary.—Service of
such summons within the county or city shall be made by delivering to
and leaving with the person summoned a true copy thereof. When process
is required outside the county or city, notice by registered mail with
return receipt shall be deemed sufficient notice. If the child mentioned in
the petition is present in court, no summons or other notice to the child
shall be necessary to give the court jurisdiction of the child. .

§ 16.1-168. Who shall serve summons, warrants, etc.—The sheriffs
and their deputies in the respective counties and the city sergeants and
their deputies and police officers in the cities and counties shall serve
summons and execute warrants or other process issued by the court in
their respective jurisdictions, but any paper, summons or process issued
by the court may be served by any person designated by the court or
judge for that purpose.

§ 16.1-169. Proof of service,—Proof of service may be made by
the affidavit of the person other than an officer who delivers a copy
of the summons to the person summoned, but if served by a State,
county or municipal officer his return shall be sufficient without oath.

§ 16.1-170. Failure to obey summons constitutes contempt.—The
summons shall be considered a mandate of the court, and wilful failure
to obey its requirements shall subject any person guilty thereof to liability
for punishment as for contempt. .

§ 16.1-171. Fees and travel expenses of witnesses.—The judge
may authorize the payment of the fees and mileage provided by law of
any witness or person summoned or otherwise required to appear at the
hearing of any case. coming within the jurisdiction of the court, which
sum shall be paid by the State Treasurer out of funds appropriated in
the general appropriation act for criminal costs.

16.1-172. Notice to parents or person or agency acting in place
of parents.—In no case shall the hearing proceed until the parent or
parents of the child, if residing within the State, or person or agency
acting in place of parents in case the parents have theretofore been legally
deprived of custody of the child, have been notified, unless the judge shall
certify on his record that diligent efforts have been made to locate and
notify the parent or parents without avail, or unless the court shall certify
that no useful purpose would be served thereby because of the conditions
set out in § 16.1-166.

§ 16.1-173. When guardian ad litem appointed—When no person
required to be notified under § 16.1-172 is present in court at the time of
the hearing, the court shall, before proceeding with the hearing, appoint
a probation officer or a discreet and competent attorney at law as guardian
ad litem to represent the interests of the child or minor, and such guar-
dian ad litem shall be present at the hearing.
§ 16.1-174. Time of service and hearing.—In cases in which a sum-
mons is necessary it shall be sufficient to confer jurisdiction if service is
effected at any time before the time fixed in the summons for the return
thereof, but the court shall not proceed with the hearing earlier than the
third day after the date of service if objection thereto be made by the
parties served or by a guardian ad litem appointed to represent the
interests of the child.

§ 16.1-175. Transfer from other courts.—If during the pendency of
a criminal or quasi-criminal proceeding against any person in any other
court it shall be ascertained that the person was under the age of eighteen
years at the time of committing the alleged offense, such court shall forth-
with transfer the case, together with all papers, documents and evidence
connected therewith, to the juvenile court of the city or county having
jurisdiction; provided, if such case is pending in a court of record, the
judge thereof, in his discretion, may continue with the trial thereof. The
court making the transfer shall order the child or minor to be taken forth-
with to the place of detention designated by the juvenile court or by the
transferring court, or release the child or minor on bail or otherwise to
the custody of some suitable person to be brought before the juvenile
court at the time designated.

§ 16.1-176. Transfers to other courts.—If a child fourteen years of
age or over is charged with an offense which, if committed by an adult,
could be punishable by confinement in the penitentiary, the court,
full investigation and hearing, may, in its discretion, retain jurisdiction
or certify such child for proper criminal proceedings to the appropriate
court of record having criminal] jurisdiction of such offenses if committed
by an adult; provided, however, that in the event the juvenile court does
not so certify a child fourteen years of age or over, charged with an
offense which, if committed by an adult, would be punishable by death or
confinement in the penitentiary for life or a period of twenty years or
more, the Commonwealth’s attorney of the city or county, if he deems it to
the public interest, may present the case to the grand jury of the proper
court of record. If the grand jury returns a true bill upon such indictment
the jurisdiction of the juvenile court as to such case shall terminate. If a
child fourteen years of age or over is charged with an offense, which, if com-
mitted by an adult could be punishable by confinement in the penitentiary,
and such child is a fugitive from justice, then the juvenile and domestic
relations court may nevertheless certify such child for proper criminal
proceedings to the appropriate court as above provided. In no case
any child under the age of fourteen be so certified, nor shall any such
child be indicted or tried under the criminal laws of this State. The ages
specified in this section refer to the age of the child or minor at the time
of the alleged commission of the offense. In all cases under this section
the court shall, unless such information is otherwise available to it from
a prior investigation and report to another court, require a full and com-
plete investigation of the physical, mental and social condition and per-
sonality of the child or minor, and the facts and circumstances surround-
ing the violation of the law which is the cause of his being before the

court.

§ 16.1-177. In the hearing and disposition of cases properly before
a court of record having criminal jurisdiction of such offenses if com-
mitted by an adult the court may sentence or commit the juvenile offender
in accordance with the criminal laws of this State or may in its discre-
tion deal with the juvenile in the manner prescribed in this law for the
hearing and disposition of cases in the juvenile court.

§ 16.1-177.1. If a child fourteen years of age or over is charged
with an offense which, if committed by an adult, would be a misdemeanor,
and the court deems that such child cannot be adequately controlled or
CH. 556] ACTS OF ASSEMBLY 899

induced to lead a correct life by use of the various disciplinary and cor-
rective measures available to the court under this law, then the court
may, in such cases try such child and impose the penalties which are
authorized to be imposed on adults for such violations. ; .

§ 16.1-178. Decree.—If the court shall find that the child or minor
is within the purview of this law it shall so decree and by order duly
entered proceed as follows: . .

(1) Take custody and place the child or minor on probation, under
such conditions as the court shall determine. _.

(2) Leave the child or minor in his own home under the supervision
of the court with or without taking custody; or take custody and place
the child or minor temporarily in a suitable home, under supervision of
the court, pending final disposition of the case. .

(3) Take custody and commit the child or minor to the care and
custody of the local board of public welfare of the county or city in which
the court has jurisdiction, which board shall accept such child for care
and custody; provided, however, that if it is established to the satisfac-
tion of the court that the parent, parents or guardian of the child have
residence in another county or city of the State, and the child has been
living with such parent, parents or guardian, commitment may be to the
local board of public welfare of the county or city in which such parent,
parents or guardian have residence, which local board shall accept the
child for care and custody. And provided further that nothing herein shall
be construed as prohibiting the commitment of a child to any local board
of public welfare in the State when such local board consents to the
commitment. ee

(4) Take custody and commit the child or minor coming within the
provisions of paragraphs (g), (h) and (i) of subsection 1 of § 16.1-158
of this law to the guardianship and custody of the State Board of Welfare
and Institutions if the child’s or minor’s behavior is such that the court
deems it cannot be satisfactorily or adequately dealt with in his own
locality or with its resources. All children intended to be placed in one of
the industrial schools of the State shall be committed to the State Board of
Welfare and Institutions, it being the purpose of this law that the Director
shall determine which children or minors shall be so placed.

(5) Take custody and commit the child or minor to the custody and
guardianship of a private agency or organization approved and licensed
by the State Board to care for and place children or minors in foster
homes. No court shall commit a child or minor to an agency or organiza-
tion out of the State without the approval of the Director.

(6) Commit the child or minor, if adjudged mentally defective, to a
mental institution, in accordance with the provisions of the law.

(7) Refer or send the child or minor, if fourteen years of age or
older, for proceedings and trial to a court having criminal jurisdiction,
in accordance with the provisions of this law.

_ (8) In case of traffic violations the court may suspend an operator’s

license, or require restitution in accordance with provisions of this law,
or it may impose the penalties which are authorized to be imposed on
adults for such violations.

(9) As disciplinary measure the court may impose a fine not exceed-
ing fifty dollars upon a child or minor of working age or suspend his
driving permit when such child or minor is found by the court to have
violated the traffic laws of this State or a State or federal law or local
ordinance. All sums so ordered to be paid may be paid by the child or
minor in monthly or weekly installments; such child or minor may also
be required to make restitution or reparation for damages resulting from
his wrongful conduct.
(10) Order support or such other care and treatment, medical or
otherwise, as the court deems to be for the best interests of the child or
minor.

§ 16.1-178.1. If any child or minor, having been the ward and in
the custody of the State Board of Welfare and Institutions by virtue of
§ 16.1-178 (4), upon being released or having escaped therefrom, leaves
any article or articles of personal property, including bonds, money and
any intangible assets, in the custody of the Department, the Director
may, in his discretion, after the lapse of three years from the date of such
release or escape, if no claim therefor has been made by the owner, sell
such personal property, either at public or private sale. The proceeds of
such sale shall be paid into the State treasury and credited to the Literary

nd.

§ 16.1-179. Effect of adjudication on status of child.—Except as
otherwise provided, no adjudication or judgment upon the status of any
child under the provisions of this law shall operate to impose any of the
disabilities ordinarily imposed by conviction for a crime, nor shall any
such child be denominated a criminal by reason of any such adjudication,
nor shall such adjudication be denominated a conviction.

The disposition made of a child or minor or any evidence given in
court concerning him shall not operate to disqualify the child in any future
civil service application or appointment or military or naval enlistment.

§ 16.1-180. Duration of commitments and contracts for placements.
—All commitments under this law shall be for an indeterminate period
having regard to the welfare of the child and interests of the public, but
no child committed hereunder shall be held or detained after such child
shall have attained the age of twenty-one years; and the State Board and
aid societies, associations or institutions may place under contract children
committed under this law in suitable family homes, institutions or indus-
trial schools for the care of children without further process of law for
a term of years not exceeding the period of minority of such child.

§ 16.1-181. Transfer of information upon commitment.—Whenever
the court commits a child to the State Board of Welfare and Institutions,
or to any other institution or agency, it shall transmit with the order of
commitment a summary of its information concerning the child. The State
Board shall not be responsible for any such committed child until it has
received the court order and the summary of information concerning the
child. The State Board and other institutions or agencies shall give to the
court such information concerning the child as the court at any time
requires. All such information shall be treated as confidential.

16.1-182. Protection of religious affiliations—In placing a child
under the guardianship or custody of an individual or of a private agency
or institution, the court shall whenever practicable select a person, or an
agency or institution governed by persons, of the same religious faith as
that of the parents of the child, or in case of a difference in the religious
faith of the parents and religious faith of the child, or, if the religious
faith of the child is not ascertainable, then of the faith of either of the
parents, unless the parent or parents of the child waive such selection.

16.1-183. Review of order of commitment.—The court of its own
motion may reopen any case and may modify or revoke its order. The
court shall before modifying or revoking such order grant a hearing after
notice in writing to the complainant, if any, and to the person or agency
having custody of the child or minor; provided, however, that this section
shall not apply in the case of a child or minor committed to the Depart-
ment after thirty days from the date of the order of commitment.

§ 16.1-184. Payment for support from estate of child or minor.—
If a child or minor has an estate in the hands of a guardian or trustee,
the guardian or trustee may be required to pay for his education and
maintenance so long as there may be funds for that purpose.
CH. 555] ACTS OF ASSEMBLY 901

§ 16.1-185. Support of child committed to a custodial agency or
person.—Whenever a child is committed by the court to any institu-
tion or agency, public or private, the court may, after giving the parents
reasonable opportunity to be heard, order and decree that such parents
shall pay in such manner as the court may direct such sum, within their
ability to pay, as will cover in whole or in part the support of such child;
and if the parents wilfully fail or refuse to pay such sum, the court may
proceed against them as for contempt or for nonsupport. When payment
is ordered to be made to the court, the court shall, on or before the tenth
day of the month following receipt thereof, forward such payment to the
institution or agency, public or private, to which such child has been
committed. .

§ 16.1-186. Procedure in other cases.—All provisions of this law
relative to procedure in cases of children, when not inconsistent with pro-
visions of law relating to the conduct of cases of adults, shall so far as prac-
ticable also apply to cases of adults under the provisions of this law, and
also under the provisions of law in regard to nonsupport. Such proceed-
ings may be instituted on petition or complaint by any interested party, or
on warrant issued as provided by law, or upon the court’s own motion,
and a reasonable opportunity to appear and be heard shall be afforded the
defendant. The court may make an informal preliminary investigation and
may make such adjustment as is practical, or may authorize a petition
or complaint to be filed and summons or warrant to be issued; provided
that nothing herein shall have the effect of denying to any person the
right to file a petition if he so desires. The court may issue a summons,
a warrant of arrest or other appropriate process in order to compel the
attendance of any necessary person.

§ 16.1-187. Suspension of sentence; probation—Upon the trial of
other than juvenile cases the court may upon a plea of guilty or upon con-
viction impose such sentence as the law provides; or may suspend the im-
position of sentence or execution of sentence or any part thereof, and may
also place the defendant on probation during good behavior for such time
and under such condition as it determines. In case the defendant has been
sentenced for a misdemeanor and committed, the court may, at any time
before the sentence has been fully served, suspend the unserved portion
of such sentence. The court may upon good cause subsequently increase
or decrease the probation period and may revoke or modify any condition
of probation. While on probation the court may require any such person
to pay in one or several sums any fine imposed at the time of sentence.

As a condition of probation or suspension of sentence the court may
also require any such person to make restitution or reparation to the
aggrieved party or parties for actual damages or loss caused by the
offense for which conviction was had, and to provide for the support of
his wife, children or others for whose support he may be legally respon-
sible. The court may transfer the defendant to the court of another county
or city to which such defendant is removing, there to be placed and kept
on probation as such latter court deems proper.

Persons sentenced under this law to jail or the State convict road
force for nonsupport shall be returned when released to the court which
exercised original jurisdiction.

§ 16.1-188. Revocation of order of suspension; resumption of juris-
diction of the court.—If any person under a suspended sentence or on
prohation be found guilty after notice and hearing to have violated the
conditions of such suspended sentence or probation, the court may revoke
the suspension of sentence or probation. In such case the court shall cause
the defendant to be arrested on a show cause order, and the defendant
may be brought before the court for trial thereon at any time within the
probation period or the period of suspension; or if no probation period
902 ACTS OF ASSEMBLY (vA., 1956

or period of suspension has been prescribed, then within the maximum
period for which the defendant might originally have been sentenced to
be imprisoned; whereupon, in case the imposition of sentence has been
suspended, the court may pronounce whatever sentence might have been
originally imposed; and in case the execution of the sentence has

suspended, the original sentence shall be in full force and effect, and the
time of probation shall not be taken into account to diminish the original
sentence. In the event that any person placed on probation or under sus-
pension of sentence leaves the jurisdiction of the court without the con-
sent of the judge, or having obtained leave to remove to another locality
violates any of the terms of his probation or suspension of sentence, he
ay Be apprehended and returned to the court and dealt with as provided

erein.

§ 16.1-189. Bonds and forfeitures thereof—All bonds and other
undertakings taken and approved by the judge, either for the appearance
of any person or for the performance of any other duty or undertaking
set forth in the bond, shall be valid and enforceable even if the principal
in the bond shall be a person under twenty-one years of age. In the event
of a failure upon the part of the principal or sureties in any bond taken
in such court to faithfully carry out and discharge the undertakings of
such bond, then, in that event, the judge shall have the right to declare
the bond forfeited and to certify the same to the Commonwealth Attorney
of the city or county who shall proceed therein in the manner provided
by law. The complainant in nonsupport cases shal] not be required to
furnish an indemnifying bond.

§ 16.1-190. Physical and mental examinations and treatment.—The
court may cause any person within its jurisdiction under the provisions
of this law to be examined and treated by a physician, or psychiatrist, or
examined by a clinical psychologist; and upon the written recommenda-
tion of the physician or psychiatrist the court shall have the power to send
any such person to a State mental hospital for observation.

Whenever a child concerning whom a petition has been filed appears
to be in need of nursing, medical or surgical care, the court may order
the parent or other person responsible for the care and support of the child
to provide such care in a hospital or otherwise and to pay the expenses
thereof. If the parent or other person is unable or fails to provide such
care, the court may refer the matter to the authority designated in
accordance with law for the determination of eligibility for such services
in the county or city in which such child or his parents have residence
or legal domicile.

In any such case, if a parent who is able to do so, fails or refuses to
comply with the order, the court may proceed against him as for contempt
or may proceed against him for nonsupport.

§ 16.1-191. Interference with or obstruction of officer—No person
shall interfere with or obstruct any officer, juvenile probation officer or
other officer or employee of the court in the discharge of his duties under
this law, nor remove or conceal or cause to be removed or concealed any
child in order that he may not be brought before the court, nor interfere
with or remove or attempt to remove any child who is in the custody of
the court or of an officer or who has been lawfully committed under this
law. Any person violating any provision of this section is guilty of a
misdemeanor.

16.1-192. Disposition of papers.—All papers connected with any
proceeding in a juvenile and domestic relations court, except those in pro-
ceedings which are appealed or are sooner required to be returned to the
clerk’s office of a court of record, shall be properly indexed, filed and
preserved in such court.
CH. 555] ACTS OF ASSEMBLY 903

§ 16.1-193. When papers may be destroyed.—Notwithstanding the
provisions of § 16.1-192, the clerk of any juvenile and domestic relations
court may destroy the files, papers and records connected with any pro-
ceeding in such court, if:

(1) Such proceedings was with respect to a child, and such child has
attained the age of twenty-one years; or .

(2) Such proceeding was with respect to a minor, such minor has
attained the age of twenty-one years, and five years have elapsed since
the proceeding was disposed of by the court; or

(8) Such proceeding was with respect to an adult, and ten years have
elapsed since the proceeding was disposed of by the court; and

(4) The destruction of such files, papers and records is authorized
and directed by an order of.the court, which order may refer to such
papers by one or more of the above classifications, or by any class or kind
of cases designated in the order, without express reference to any particu-

lar case.
Article 4.
Arrest and Detention of Juveniles.

§ 16.1-194. When and how a child may be taken into immediate
custody.—No child may be taken into immediate. custody except:

(1) With a summons endorsed by the judge of the juvenile court in
accordance with the provisions of this law or with a warrant; or

_. (2) When, in the presence of the officer who makes the arrest, a
child has violated a city, town, or county ordinance or a State or federal
penal law and the officer believes that such is necessary for the protection
of the public interest; or

(3) When the officer finds a child in such surroundings or condition
that he considers it necessary that he take the child into immediate cus-
tody for the child’s welfare; or

(4) When there is good cause to believe that a child has committed
an offense which if committed by an adult would be a felony of a serious
and aggravated nature; or

(5) When a child who has been committed to the State Board or some
other agency escapes from the custody of the agency to which he was
committed and the officer has knowledge of such fact; in which case no
process is needed.

§ 16.1-195. Limitation as to issuance of warrants for children.—
No warrant of arrest shall be issued for any child known or alleged to be
under the age of fourteen years except when authorized by the judge of
a juvenile court or a judge of a court of record, or for a child known or
alleged to be between the ages of fourteen and eighteen years except when
use of such process is imperative.

§ 16.1-196. Limitation on transportation and confinment of children.
—No person known or alleged to be under the age of eighteen years shall
be transported or conveyed in a police patrol wagon, or confined in any
police station, prison, jail or lockup, or be transported or detained in
association with criminals or vicious or dissolute persons; except that a
child fourteen years of age or older may, with the consent of the judge
or the juvenile probation officer, be placed in a jail or other place of
detention for adults in a room or ward entirely separate from adults.

§ 16.1-197. Children taken into custody, how released or detained.—
Whenever a child is taken into custody such child may be delivered to a
probation officer, welfare worker, or police officer assigned to juvenile
cases. Unless it is deemed impractical or inadvisable or is otherwise
ordered by the court, the child shall be released to the custody of a parent,
guardian, or custodian upon promise of such parent, guardian or cus-~
todian to bring the child to the court at such time as is fixed by rules of
the court. If not so released the child shall be taken to the special place
904 ACTS OF ASSEMBLY [vA., 1956

of detention for juveniles provided by each city and county; or during
such hours as the court is open the child shall be taken immediately to the
judge, clerk or probation officer, who may release the child to the custody
of a parent, guardian, custodian or other person appointed by the court,
on bail or recognizance or otherwise; or the court or probation officer may
order that the child shall be detained in such manner as it determines,
subject to further order of the court.

§ 16.1-198. State-wide plan for detention facilities; supervision
thereof.—It shall be the duty of the Department of Welfare and Institu-
tions to devise, develop and promulgate a State-wide plan for the establish-
ment and maintenance of suitable local and regional detention facilities
reasonably accessible to each court.

The Director shall have authority to appoint a State supervisor of
juvenile detention and other necessary agents for the carrying out of such
a plan, and the State supervisor shall cooperate with the proper local
authorities in establishing and maintaining suitable detention facilities
in accordance with the provisions of this law.

§ 16.1-199. Establishment of homes and other places for temporary
detention.—(a) Provision shall be made for the temporary detention of
children coming within the purview of this law (1) in a detention home
conducted as an agency of the city or county or any combination thereof
for that purpose, or (2) in a private home or homes selected by and under
the supervision of the court or local department of public welfare, or (3)
by an incorporated institution, society, or association licensed by the State
Board as a children’s agency, or (4) in a detention home conducted by
another county or city or any combination thereof. The court or judge
shall not send any child to:a jail or station house while awaiting trial or
disposition except in accordance with the provisions of this law.

‘(b) The State Board is authorized and directed to prescribe mini-
mum standards for construction and equipment of detention homes or
other facilities and for feeding, clothing, medical attention, attendance
and care of children detained therein. It may prohibit by its order the
detention of children in any place of detention which does not meet such
minimum standards and designate some other place of detention for
children who would otherwise be held therein. Copies of each such order
shall upon being issued be sent to the person in charge of the detention
facilities and to the judge of the circuit court of the county or corporation
court of the city in which the facility is located. Orders of the Board
shall be enforced by courts of record as is provided for orders issued
under § 53-134 and procedure shall be mutatis mutandis, as is provided
for the enforcement of orders of the Board under § 53-135.

§ 16.1-200. Visitation and management of such homes.—In the event
that a detention home is established by a city or county, or any combina-
tion thereof, it shall be subject to visitation, inspection and regulation by
the State Board or its agents, and shall be furnished and carried on so far
as possible as a family home under the management of a superintendent
or matron, appointed from a list of eligibles submitted by the State Board,
and such other employees for such home as may be necessary.

§ 16.1-201. Expenses of such homes.—The responsibility for the
construction, maintenance and operation of a detention home established
by a city or county or any combination thereof and the necessary expenses
incurred in maintaining and operating such detention home shall be a
charge upon the county or city, or any combination thereof, as the case
may be, and the county boards of supervisors or the city councils or other
governing bodies shall make provision therefor. The Commonwealth shall
reimburse the city or county, or any combination thereof, as the case may
be, one-third of the cost of construction of a detention home hereafter
constructed by, or whose facilities will be available, upon a basis approved
CH. 555] ACTS OF ASSEMBLY 905

by the Board, for use by, three or more counties or cities or any combi-
nation thereof, and two-thirds of the salaries of officers and employees
engaged in the operation and maintenance of detention homes; and it shall
further reimburse the city or county, or any combination thereof, for the
entire reasonable cost of food and of the clothing, medicines, lights, water,
heat, disinfectants, beds and bedding, and other necessary equipment and
supplies required for the care of children held in detention homes await-
ing hearing or disposition under the juvenile laws of this State. Provided,
however, that no such reimbursement for costs of construction shall be
had unless the construction of such detention home has been approved by
the Governor and plans and specifications therefor have been submitted
to and approved by him; nor shall any such reimbursement exceed twen-
ty-five thousand dollars for any one such home. Provided, further, that
equipment may be purchased only after approval is first obtained in writ-
ing from the Department, or it is required by appropriate authority for
safety or health. Such reimbursements shall be paid in monthly install-
ments by the State Treasurer out of funds appropriated in the general
appropriation act for criminal costs.

§ 16.1-202. Cost of maintenance of children in other homes.—In
case the local governing body shall arrange for the boarding of children
temporarily detained in private homes or with any incorporated institu-
tion, society or association, the cost of maintaining such children held in
boarding homes or other institutions awaiting trial or disposition under
the juvenile laws of this State shall be paid monthly, according to
schedules prepared and adopted by the State Board, by the State Treasurer
out of funds appropriated in the general appropriation act for criminal
costs. In the event that the local governing body has arranged for the
boarding of children temporarily detained jn detention homes or private
homes subsidized by another county or city for such purpose, such local
governing body shall pay to the county or city operating such home
a per diem allowance agreed to by the local governing bodies involved,
subject to the approval of the State Board, for each child so detained.
Such per diem allowance shall be applied by the county or city receiving
same toward defraying such costs and expenses as the local governing
body may have incurred in the setting up and in the operation of said

homes.
Article 5.
Probation System.

§ 1641-203. Function of Department of Welfare and Institutions;
division of supervision of probation and detention; regulations of State
Board; advisory council.—It shall be a function of the Department to
develop probation, detention and other social services for juvenile and
domestic relations courts so that all children coming within the juris-
diction of such courts throughout the State shall receive the fullest
protection of the court. To this end the Director is empowered to estahb-
lish a division of supervision of probation and detention in his Depart-
ment, and to appoint a head thereof, who shall have training and ex-
perience in the fields of social case work and social services with juvenile
and domestic relations courts, and such other employees as he may find
to be necessary properly to carry out the responsibilities of the Depart-
ment relative to the development and supervision of probation and deten-
tion facilities as set forth in this chapter. The salaries of such employees
shall be paid out of funds appropriated for such purpose to the Depart-
ment of Welfare and Institutions. The division shall have access to all
probation offices and detention homes and to their records.

The State Board shall establish minimum qualifications for proba-
tion officers and promulgate regulations pertaining to their appointment
to the end that appointment to such position shall be based on merit.
The Director may appoint an advisory council composed of judges,
probation officers, superintendents of welfare, and others of demon-
strated interest in children and youth, to consult and confer with him
from time to time relative to the development and extension of the pro-
gram of the division of supervision of probation and detention.

_ , § 16.1-204, Duties of such division—The Director shall cause such
division to study the conditions existing in the several cities and counties,
to confer with the judges of the juvenile and domestic relations courts,
the superintendents and boards of public welfare, and other appropriate
officials, as the case may be, and to plan, establish and extend an adequate
and coordinated program of social services, probation and detention
facilities to all juvenile and domestic relations courts. . .

§ 16.1-205. How probation service provided—Probation service
shall be provided through one or more of the following means: (1) The
judge of the juvenile and domestic relations court may, from a list of
eligibles certified by the Director, appoint one or more suitable persons
as probation officers in accordance with established qualifications and
regulations. (2) Where it is determined by the local board of public
welfare and the judge of the juvenile and domestic relations court that
the combined juvenile probation and child welfare work load of a city or
county is sufficient to require the full time of one or more local probation
child welfare workers on the staff of the local department of public wel-
fare, such worker or workers may be employed or designated and assigned
exclusively to probation and child welfare functions and shall give priority
to court cases. The workers assigned to probation child welfare work shall
be appointed in accordance with the usual procedure for appointment of
personnel in the local departments of public welfare and with the con-
‘eurrence of the judge of the court served. Where probation child welfare
workers are so employed, the superintendent of public welfare shall serve
ex officio as chief probation officer. (8) Where the probation or probation
child welfare work load is not sufficient to justify providing court services
under (1) and (2) above, two or more counties or counties and cities or
cities are hereby authorized to employ joint probation officers under such
terms and conditions as may be agreed upon by the political subdivision
participating in such employment as determined by the Director. (4) In
the event that it is not practical to provide probation services under any
one of the three methods listed above, the local superintendent of public
welfare shall serve as probation officer; provided, however, that nothing
contained in this section shall preclude the use of an adult probation
officer in the district under circumstances mutually acceptable to such
officer, his appointing judge and the judge of the juvenile and domestic
relations court.

16.1-206. Compensation of probation officers——The compensation
of probation officers appointed in accordance with the next preceding
section shall be fixed by the governing body of the city or county in which
they serve, in accordance with regulations of the Department, and shall
be paid out of the county or city treasury; provided that one-half of such
compensation shall be reimbursed to the city or county by the State from
funds appropriated to the Department of Welfare and Institutions.

§ 16.1-207. Designation of supervisory officer.—In any court where
more than one probation officer has been appointed under the provisions
of this law, the judge of the court may designate one or more probation
officers to serve in a supervisory position.

§ 16.1-208. Powers, duties and functions of probation officers.—In
addition to any other powers and duties imposed on them by this law,
probation officers appointed hereunder shall:

(1) Investigate all cases referred to him by the judge or any person
designated by the judge so to do, and shall render reports of such inves-
tivation as required;
CH. 555] ACTS OF ASSEMBLY 907

(2) Supervise such persons as are placed under his supervision and
shall keep informed concerning the conduct and condition of every person
under his supervision by visiting, requiring reports and in other ways,
and shall report thereon as required ; :

_ (3) Under the general supervision of the judge investigate com-
plaints and accept for informal supervision cases wherein such handling
would best serve the interests of all concerned; sass

(4) Use all suitable methods not inconsistent with conditions imposed
by the court to aid and encourage persons on probation and to bring
about improvement in their conduct and condition; .

(5) Furnish to each person placed on probation a written statement
of the conditions of his probation and instruct him regarding the same;
; (6) Keep records of his work and perform such other duties as the
judge or other person designated by him or the Director shall require;

(7) Have the authority of a police officer. ee as .

The judge of the juvenile court in any county may, in his discretion,
provide that support payments be made to and disbursed by the chief
probation officer, when bonded as provided by § 16.1-16, who shall in that
event keep the accounts relating to such support payments. &, ;

§ 16.1-209. Reports of court officers privileged—All information
obtained in discharge of official duties by any officer or employee of the
court shall be privileged, and shall not be disclosed to anyone other than
the judge unless and until otherwise ordered by the judge or by the judge
of a court of record.

§ 16.1-210. Supervision of child or minor on parole—When the
Department returns a child or minor who has been committed to its cus-
tody to a local community for supervision, the Director may return the
child or minor to either the local juvenile and domestic relations court or
to the local department of public welfare of the community. The agency
to which the child or minor is returned for supervision shall accept
responsibility for this service. When a child or minor is so paroled for
local supervision, he shall be deemed to be still in the custody of the
Department.

The local supervising agency shall furnish such child or minora
written statement of the conditions of his parole and shall instruct him
regarding the same. In the event it is determined by a court of competent
jurisdiction that the child or minor has violated the terms of his parole,
the child or minor may then be returned to the Department.

§ 16.1-211. Placing child on parole in foster home or with institu-
tion; how financed.——When the child or minor is returned to the court
or the local department of ‘public welfare for supervision, and, after a
full investigation, the court or local department of public welfare is of
the opinion that the child or minor should not be placed in his own home,
and there are no funds available to board and maintain said child, the
court or the local department of public welfare shall arrange with the
Director of the Department of Welfare and Institutions for the boarding
of the child or minor in a foster home or with any incorporated institu-
tion, society or association, and the cost of maintaining such child shall
be paid monthly, according to the schedules prepared and adopted by the
Department, by the State Treasurer, out of funds appropriated in the
general appropriation act for criminal costs.

§ 16.1-212. Transfer of supervision from one probation officer to
another.—If any person on probation to or under the supervision of any
juvenile probation officer or other officer of the court remove his residence
or place of abode from the county or city in which he was so placed on
probation or under supervision to another county or city in the State, the
court in the city or county from which he removed his residence or place
of abode may notify the Director, who shall then arrange the transfer of
908 ACTS OF ASSEMBLY [va., 1956

the supervision to the city or county to which he moves his place of
residence or abode, or such transfer may be ordered by the transferring
— with the previously obtained consent of the judge of the accepting
court.

The Director of the Department of Welfare and Institutions may
make provision for the transfer of a juvenile placed on probation in this
State to another state to be there placed on probation under the terms of
Article 4 of Chapter 11 of Title 53 of the Code.

§ 16.1-218. Traveling expenses of judges, probation officers and
other officers of the court.—Under the rules of the Department the travel-
ing expenses incurred by a judge, or by a probation officer or other officer
of the court when traveling under the order of the judge, shall be paid
out of the county or city treasury; provided that one-half of such compen-
sation shall be reimbursed to the city or county by the State Treasurer
_ of funds appropriated in the general appropriation act for criminal
‘custs.

Article 6.
Appeals.

§ 16.1-214. Jurisdiction of appeals; procedure—From any final
order or judgment of the juvenile court affecting the rights or interests
of any person under the age of eighteen years coming within its juris-
diction, an appeal may be taken within ten days by any person aggrieved
to the circuit, corporation, or hustings court having equity jurisdiction
of such city or county. From any final order or judgment of the court
affecting the rights or interests of any person of the age of eighteen years
or over, coming within its jurisdiction, an appeal may be taken within
ten days by the person aggrieved to the circuit, corporation or hustings
court having jurisdiction over such city or county. Upon receipt of notice
of such appeal the juvenile court shall forthwith transmit to the Common-
wealth’s attorney of such circuit, corporation or hustings court a report
incorporating the results of the investigation required in § 16.1-164,
which shall be confidential in nature and made available only to the court
and the attorney for the defendant after the guilt or innocence of the
accused has been determined. After final determination of the case the
report and all copies thereof, shall be forthwith returned to such juvenile
court. Provided, however, that in either case the appeal may be withdrawn
by the person taking same at any time before the appeal papers shall have
been actually filed in the higher court, and thereafter with the consent of
the judge of that court; and provided further that in any case the judge
may grant a rehearing within thirty days upon good cause shown after
due notice to interested parties. Proceedings in juvenile cases in such
courts shall conform to the equity practice where evidence is taken ore
tenus; provided, however, that an issue out of chancery may be had as a
matter of right upon the request of either party. In the city of Richmond
all appeals shall, as to matters arising within the city north of the James
River, or arising upon the islands therein, be to the Hustings court of the
city of Richmond, and as to matters arising within the city south of the
James River such appeals shall be to the Hustings Court of the city of
Richmond, Part Two.

§ 16.1-215. Effect of final judgment on appeal.—Upon the rendition
of final judgment upon an appeal from the juvenile and domestic relations
court, the appellate court shall cause a copy of its judgment to be filed
with the juvenile court, which shall thereupon become the judgment of
the juvenile court. In the event such appellate court does not dismiss the
proceedings or discharge such child or adult person, the appellate court
may in its discretion remand the child or adult person to the jurisdiction
of the juvenile court for its supervision and care, under the terms of its
order or judgment, and thereafter such child or adult person shall be and
remain under the jurisdiction of the juvenile court in the same manner as
if such court had rendered the judgment in the first instance.

§ 16.1-216. Effect of petition for or pendency of appeal.—Petition
for or the pendency of an appeal or writ of error shall not suspend any
judgment, order or decree of the juvenile court in any case, nor operate
to discharge any child concerned or involved in the case from the custody
of the court or other person, institution, or agency to which the child has
been committed, unless so ordered by the judge of a court of record or
directed in a writ of supersedeas by the Supreme Court of Appeals or a
judge thereof.

§ 16.1-217. How payments made out of criminal costs—Whenever
in this chapter any payments are directed to be made out of funds appro-
priated in the general appropriation act for criminal costs, such payments
shall, unless otherwise provided, be made on warrants of the Comptroller
issued upon vouchers approved and signed by the Director or by such
person as may be designated by him for the purpose.