CHAPTER 639

An Act to revise, rearrange, amend and recodify as appropriate the general
laws of Virginia, relating to justices of the peace; to that end to
repeal Title 89 of the Code of Virginia, which title includes chapters
numbered 1 to 2 and 8§ 39-1 to 39-13, inclusive, of the Code of
Virginia, as amended; to amend the Code of Virginia by adding thereto
in lieu of the foregoing title, chapters and sections of the Code repealed
by this act a new title numbered 39.1, which title includes new chapters
numbered 1 and 2, both inclusive, and new sections numbered 89.1-1 to
89.1-25, both inclusive, relating to justices of the peace; to amend and
reenact §§ 8-804, 8-805, 8-791, 8-879, 14.1-123, 14.1-128, 14.1-187, 14.1-
160, 15.1-158, 18.1-239, 18.1-247 through 18.1-251, 19.1-16, 19.1-18,
19.1-20, 19.1-101, 19.1-102, 19.1-104 through 19.1-107, 19.1-110,
19.1-124, 19.1-125, 19.1-181, 19.1-283, 19.1-819, 24-157, 49-8, 49-4,
55-118, 55-202, as severally amended, relating generally to justices of
the peace and other matters; to amend the Code of Virginia by adding
§§ 14.1-156.1, 16.1-75.1, 19.1-100.1, relating generally to justices of the
peace and other matters; and to repeal §§ 14.1-127, 14.1-1382 and 19.1-
138, as severally amended, relating generally to justices of the peace
and other matters.

[S 1]

Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:

1. That Title 39 of the Code of Virginia, which title includes chapters
numbered 1 and 2 and §§ 39-1 to 39-13, inclusive, and §§ 14.1-127, 14.1-132,
19.1-138, as severally amended, are repealed.

2. That the Code of Virginia be amended by adding thereto in lieu of
Title 39, including the chapters and sections therein, of the Code of Virginia
herein repealed, a new title numbered 39.1, containing Chapters 1 and 2,
inclusive, and new sections numbered 39.1-1 to 39.1-25, inclusive; and that
§§ 8-304, 8-305, 8-791, 8-879, 14.1-128, 14.1-128, 14.1-137, 14.1-160, 15.1-153,
18.1-239, 18.1-247 through 18.1-251, 19.1-16, 19.1-18, 19.1-20, 19.1-101,
19.1-102, 19.1-104 through 19.1-107, 19.1-110, 19.1-124, 19.1-125,
19.1-131, 19.1-288, 19.1-319, 24-157, 49-3, 49-4, 55-113 and 55-202, as
severally amended, be amended, and that the Code be further amended by
adding §§ 14.1-156.1, 16.1-75.1 and 19.1-100.1, the amended and new sec-
tions being as follows:

§ 8-304. Deposition of witness, by whom taken in this State; how
certified.—In any pending case the deposition of a witness, whether a party
to the suit or not, may be taken in this State, after the motion for judgment
or bill has been filed, bya * notary or commissioner in chancery; and, if
certified under his hand, may be received without proof of the signature to
such certificate.

§ 8-305. Of non-resident witness.—The deposition of a witness,
whether a party to the suit or not, who resides out of this State, or is out
of it in the service thereof, or of the United States, may be taken before any
commissioner appointed by the Governor of this State, or * notary, or
other officer authorized to take depositions in the state wherein the witness
may be, or, if the deposition is to be taken in a foreign country, before any
person that the parties may agree upon in writing, or any American min-
ister plenipotentiary, charge d’ affaires, consul-general, vice-consul, com-
mercial agent appointed by the government of the United States, or any
other representative of the United States in a foreign country, or the mayor,
or other magistrate of any city, town, or corporation in such country, or
any notary therein. Any person, before whom a deposition may be so
taken, may administer an oath to the witness, and take and certify the
deposition with his official seal annexed; and if he have none, then the
genuineness of his signature shall be authenticated by some officer of the
same state or country, under his official seal, unless the deposition is taken
by a justice out of this State, but in the United States, or before some
person agreed upon in writing by the parties, in which case his certificate
shall be received without any seal annexed, or other authentication of his
signature. When a deposition is taken before some person agreed upon in
writing by the parties other than an officer authorized to take the deposition,
such writing shall be returned with the deposition, and the deposition
shall not be read unless such writing is so returned.

§ 8-791. In any case when possession of any house, land or tenement
is unlawfully detained by the person in possession thereof, except a case
when possession is unlawfully detained by a tenant, or some person claiming
under him, when the lease of such tenant was originally for a period
exceeding two years, the landlord or other person entitled to the possession
may present to any justice of the peace or * judge of a court not of
record of the county, city or town in which such premises are situated a
statement under oath of the facts which authorize the removal of the tenant
or other person in possession, describing such premises; and thereupon
such justice of the peace or * judge of a court not of record ofa county
or city shall issue his summons against the person or persons named in
such affidavit. Such summons issued by a justice of the peace or * judge
may be directed to the sheriff, sergeant or constable and served in the same
manner as the process issued from the court. When issued by a justice of
the peace it may be returned to and the case heard and determined by
the * judge of a court not of record of such county or city * . Such
summons shall be served at least five days before the return day thereof.

§ 8-879. Duty to issue warrant when animal impounded.—It shall
be the duty of such owner or tenant of such lands so trespassed upon, within
three days after the taking up and impounding such animal unless the
damages be otherwise settled, to apply to * a court not of record of the
county or city in which such land is situated for a warrant for the amount
of damages so claimed by him, and such * court, or the clerk thereof,
shall issue the same, to be made returnable at as early a date, not less than
three days thereafter, as shall be deemed best by him; and upon the hearing
of a case the * judge shall give such judgment as is deemed just and
right.

§ 14.1-123. Fees for services performed by judges or clerks of courts
not of record in criminal cases.—Fees for services performed by the
judges or clerks of courts not of record in criminal actions and proceedings
shall be as follows and such fees shall be included in the taxed costs:

(1) For issuing a warrant of arrest, or a warrant for violation of
an ordinance including the issuing of all subpoenas, * three dollars.

(2) For issuing a search warrant, * three dollars.

(3) For trying or examining a case of misdemeanor, including swear-
ing witnesses and taxing costs, two dollars.

(4) For examining a charge of felony, including swearing witnesses
and taxing costs, two dollars.

(5) For admitting any person to bail, including the taking of the
necessary bond, * three dollars, which shall, notwithstanding other
provisions to the contrary, be collected, at the time of admitting the person
to bail, but which shall in no case be paid out of the State treasury.

(6) For filing and indexing all papers connected with any criminal
action in a county or municipal court, one dollar and twenty-five cents,
which when collected shall be transmitted to the clerk of the circuit or
corporation court with such papers in the manner prescribed by § 19.1-335,
when such papers are required by law to be transmitted to a court of record.

§ 14.1-128. Fees of justice of peace in criminal matters.—A justice
of the peace shall charge for services rendered by him in criminal actions
and proceedings the following fees only:
(1) For issuing a warrant of arrest, or a warrant for violation of
any ordinance, * three dollars. *

(1-a) For issuing all subpoenas, three dollars.
soll (2) For an examination for issuing a search warrant, * three

ollars.

(3) For admitting any person to bail or releasing a person on his
own recognizance without security, including the taking of the necessary
bond, * threedollars *

§ 14.1-137. Every justice of the peace, constable, civil justice, clerk
of a civil justice court and justice of a juvenile court, other than a juvenile
court who is such by virtue of his being a judge or justice of a county or
municipal court, shall annually, within fifteen days after the close of each
anniversary of the beginning of the terms of their respective offices, report
under oath to the clerk of the circuit court of the county, and in cities to the
clerk of the corporation or hustings court, and if the city has no corporation
or hustings court then to the circuit court of the city, on forms provided by
the local governing body, all fees, allowances, commissions, salary or other
compensation or emolument of office derived from the State or any political
subdivision thereof, or from any other source whatever, collected by him,
also charged and not collected by him during the year ending December
thirty-first next preceding. The Clerk of the courts to which such reports
are initially made shall, as soon as practicable after the receipt thereof,
forward such reports to the Executive Secretary of the Supreme Court of
Appeals who shall correlate the information contained in such reports and
disseminate tt to all courts of record. But nothing in this article shall apply
to any such officer when the total compensation received by such officer
from all sources is paid by a city, town, or county

§ 14.1-156. Maximum total annual compensation for officers men-
tioned in § 14.1-137.—The total annual compensation, exclusive of expenses
authorized by the board of supervisors or other governing body of the
county or the council of the city, or an officer mentioned in § 14.1-137,
except justices of the peace, shall not exceed the sums hereinafter named,
O-wit:

In cities or counties having a population in excess of one hundred
and fifty thousand such compensation of any such officer shall not exceed
eight thousand dollars; with a population between fifty thousand and one
hundred and fifty thousand, such compensation of any such officer shall
not exceed the sum of six thousand six hundred dollars per annum; with
a population below fifty thousand, such compensation of any such officer
shall not exceed five thousand five hundred dollars per annum

Such total compensation of a high constable shall be within the limits
specified in § 14.1-143.

§ 14.1-156.1. The total annual compensation of any justice of the
peace shall not exceed ten thousand dollars per annum. The provision of
8§ 14.1-140 and 14.1-141 shall apply to any excess fees collected by any
such justice.

§ 14.1-160. Same; officers mentioned § 14.1-137.—The provisions of
§§ 14.1-136 to 14.1-158 shall not apply to any officer mentioned in § 14.1-137,
except a justice of the peace, whose total of all fees, allowances, commis-
sions, salary or other compensation or emolument of office derived from the
State or any political subdivision thereof, or from any person or corpora-
tion, does not amount to as much as two thousand five hundred dollars
per calendar year for which the report is required, but every such officer,
except a justice of the peace, shall within fifteen days after the close of
each anniversary of the beginning of the term of his office, file with the clerk
of the circuit court of the county or the clerk of the corporation or hustings
court of the city or the clerk of the circuit court of a city having no other
court of record, under oath, a statement of the total amount of fees, allow-
ances, commissions, salary or other compensation or emolument of office
derived from the State or any political subdivision thereof, or from any
person or corporation, received by him during the calendar year ending
December thirty-first next preceding, which affidavit shall remain on file
in the clerk’s office.

§ 15.1-153. Duties and powers of special policemen.—Such police
shall apprehend and carry before a judge or justice of the peace to be dealt
with according to law, all persons whom they may be directed by the
warrant of a judge or justice of the peace to apprehend, or whom they
have cause to suspect have violated, or intend to violate any law of the
State; and they may execute any search warrant issued under §§ 19.1-83
and 19.1-84. If such property as is mentioned in such sections be found,
the police shall proceed as an officer acting under chapter 5 (§ 19.1-83
et. seq.) of Title 19.1, and they shall have the * authority * to require
any person present to aid in making an arrest.

§ 16.1-75.1. Irrespective of the provisions of tts charter, any incor-
porated town of this Commonwealth may provide for the election or ap-
pointment of a justice or justices of the peace for such town, who shall be
clothed with all the powers and authority of other justices of the peace
of the county in which the town is situated.

§ 18.1-239. Disturbance of religious worship a misdemeanor.—If
any person wilfully interrupt or disturb any assembly met for the worship
of God or, being intoxicated, disturb the same, whether wilfully or not,
he shall be guilty of a misdemeanor *.

§ 18.1-247. Suppression of riots—AI] judges * may suppress
riots, routs, and unlawful assemblies within their jurisdiction. And it
shall be the duty of each of them to go among, or as near as may be with
safety to, persons riotously, tumultuously, or unlawfully assembled, and
in the name of the law command them to disperse; and if they shall not
thereupon immediately and peacefully disperse, such judge * giving the
command, and any other present, shall command the assistance of all per-
sons present, and of the sheriff or sergeant of the county or corporation,
with his posse, if need be, in arresting and securing those so assembled.
If any person present, on being required to give his assistance depart or
fail to obey, he shall be deemed a rioter.

§ 18.1-248. Persons arrested therefor to be committed on failure
to give bail.—If a person be arrested for a riot, rout, or unlawful assembly,
the judge * ordering the arrest * shall commit him to jail, unless he
shall enter into recognizance, with sufficient surety, to appear before the
court having jurisdiction of the offense, at its next term, to answer therefor,
and in the meantime to be of good behavior and keep the peace.

§ 18.1-249. Judge * failing in his duty; how punished.—If any
judge * have notice of a riotous, tumultous, or unlawful assembly, in the
county or corporation in which he resides, and fail to proceed immediately
to the place of such assembly, or as near as he may safely, or fail to
exercise his authority for suppressing it and arresting the offenders, he may
be fined not exceeding one hundred dollars.

§ 18.1-250. If persons disobey order of judge or justice to disperse,
he may require assistance.—If any person, engaged in such assembly, being
commanded as aforesaid to disperse, fail to do so without delay, any such
judge * may require the aid of a sufficient number of persons, in arms
or otherwise, and proceed, in such manner as he may deem expedient, to
disperse and suppress such assembly, and arrest and secure those engaged
in it.

§ 18.1-251. Death of person during riot.—If, by any means taken
under authority of this chapter to disperse any such assembly, or arrest
and secure those engaged in it, any person present, as spectator or other-
wise, be killed or wounded, any judge * exercising such authority, and
every one acting under his order, shall be held guiltless; and if the judge,
* or any person acting under * his order * be killed or wounded in
taking such means, or by the rioters, all persons engaged in such assembly
shall be deemed guilty of such killing or wounding.

§ 19.1-16. Procedure in contempt cases.—No court or judge *
shall impose a fine upon a juror, witness or other person for disobedience of
its process or any contempt, unless he either be present in court * at the
time, or shall have been served with a rule, returnable to a certain time,
requiring him to show cause why the fine should not be imposed and shall
have failed to appear and show cause.

§ 19.1-18. Satisfaction and discharge of assault and similar charges.
—When a person is in jail or under a recognizance to answer a charge of
assault and battery or other misdemeanor, or has been indicted for an
assault and battery or other misdemeanor, for which there is a remedy
by civil action, unless the offense was committed by or upon a sheriff or
other officer of justice, or riotously, or with intent to commit a felony, if the
party injured appear before the judge * who made the commitment
or took the recognizance, or before the court in which the indictment is
pending, and acknowledge in writing that he has received satisfaction for
the injury, such judge, * or court may, in his or its discretion, by an
order, supersede the commitment, discharge the recognizance, or dimiss
the prosecution, upon payment by the defendant of costs accrued to the
Commonwealth or any of its officers.

§ 19.1-20. Who are conservators of the peace; powers and duties.—
Every judge throughout the State and every justice of the peace, commis-
sioner in chancery, and county surveyor while in the performance of the
duties of his office within his county or corporation shall be a conservator
of the peace, and may require from persons not of good fame security for
their good behavior for a term not exceeding one year. Every conservator
of the peace shall arrest without a warrant for felonies committed in
hig presence, or upon reasonable suspicion of felony, and for breaches of
the peace and all misdemeanors of whatever character committed in his
presence.

§ 19.1-100.1. A person arrested without a warrant shall be brought
forthwith before an officer authorized to issue criminal warrants in the
county or city where the arrest is made, unless such person is released
on summons as provided by law. The officer before whom such person ts
brought shall proceed to examine the officer making the arrest. If the officer
before whom such person is brought has reasonable grounds upon which to
belteve that a criminal offense has been committed, and that the person
arrested has committed such offense, he shall issue such a warrant as might
have been issued prior to the arrest of such person under the provisions
of § 19.1-91.If such a warrant is issued the case shall thereafter be disposed
of under the provisions of §§ 19.1-101 to 19.1-108, if the issuing officer is
a judge; under the provision of § 19.1-110, if the issuing Officer 1s a justice
of the peace; and under the provision of § 19.1-111 if the issuing officer
is a clerk. If such a warrant be not issued the person so arrested shall be
released; however, provided, that this section shall not bar a judge of a
ar not of record from proceeding in accord with the provisions of

16.1-129.1.

§ 19.1-101. Examination of witnesses; assistance of counsel.—The
judge * before whom any person is brought for an offense shall, as
soon as may be, in the presence of such person, examine on oath the wit-
nesses for and against him, and he may be assisted by counsel.

§ 19.1-102. Power to adjourn case; when to commit accused to jail;
when to recognize him.—A judge * may adjourn * a trial, pending
before him, not exceeding ten days at one time, without the consent of the
accused, and to any place in the county or corporation. In such case, if the
accused be charged with a felony, unless it be a case in which only a light
suspicion of guilt exists, he shall be committed to jail; otherwise, he may
be recognized for his appearance at the time appointed for such further
examination or trial, or for want of bail be committed to jail.

§ 19.1-104. Witnesses may be separated.—While a witness is under
such examination all other witnesses may by order of the judge * be
excluded from the place of examination and kept separate from each other.

§ 19.1-105. Testimony may be reduced to writing and subscribed.—
When the judge * deems it proper the testimony of the witnesses may
be reduced to writing, and, if required by him, shall be signed by them
respectively.

§ 19.1-106. When accused to be discharged, tried, committed or
bailed by judge or justice; recognizance of witnesses.—The judge *_ shall
discharge the accused if he consider that there is not sufficient cause for
charging him with the offense.

If a judge consider that there is sufficient cause only to charge the
accused with an offense which the judge has jurisdiction to try, then he
shall try the accused for such offense and convict him if he deem him
guilty and pass judgment upon him in accordance with law just as if the
accused had first been brought before him on a warrant charging him with
such offense.

If a judge consider that there is sufficient cause to charge the accused
with an offense that he does not have jurisdiction to try then he shall com-
mit him to jail or let him to bail under § 19.1-111.

If a justice of the peace consider that there is just and sufficient cause
for charging the accused with a misdemeanor he shall commit him to jail or
let him to bail under § 19.1-110 and if he consider that there is just and
sufficient cause for charging the accused with a felony he shall commit him
to jail unless such justice have the power under § 19.1-110 to admit to bail
for felonies when only a light suspicion of guilt falls on the accused, in
which event, if he consider that such be the case, he shall commit him to jail
or let him to bail under such § 19.1-110. * * *

§ 19.1-107. Commitment of accused for further examination.—If
the accused be committed, it shall be by an order of the judge *_ stating
that he is committed for further examination on a day specified in the order.
And on that day he may be brought before such judge * by his verbal
order to the officer by whom he was committed, or by a written order to
a different person.

§ 19.1-110. * A justice of the peace before whom a person ts
brought charged with the commission of an offense, shall proceed according
to the provision of § 19.1-100.1 if no warrant has been issued. If an arrest
warrant is issued or has previously been issued a justice of the peace shall
take the following actions:

(a) If the offense charged is a misdemeanor he shall set batl in a
reasonable amount, in accord with the provisions of this chapter, to secure
the appearance of "such person before the applicable court not of record.
If such person is unable to obtain bail he shall be committed to jail by
written order stating that such person is to be brought before the applicable
court not of record on the day specified; provided, however, that the judge
of any municipal court, not of record, having jurisdiction and the judge of
any county court may authorize and direct the justices of the peace within
his jurisdiction, to release persons charged with a misdemeanor on their
own recognizance, without security.

Notwithstanding the provisions of § 19.1-127, the judge of such munic-
ipal or county court, may prescribe the regulations and requirements to be
observed by the justices of the peace in releasing persons charged with a
misdemeanor on their own recognizance without security, and 1f any person
released on his own recognizance without security by a justice of the peace
pursuant to the provisions of this section, shall fatl to appear at the time
and place prescribed in such recognizance, or shall fail to keep the peace
and be of good behavior during the time that such recognizance is in effect,
he shall be guilty of a misdemeanor and may be held for trial for such mis-
demeanor in the court to which said recognizance required him to appear.

(b) If the offense charged is a felony such person shall be committed
to jail by written order stating that he 1s committed for further examina-
tion on the date specified by the judge of the applicable court not of record;
provided that a justice of the peace may admit such person to bail if author-
ized by the examining judge of the court not of record, the judge of the
court of record, or the commonwealth’s attorney of the city or county
wherein the justice of the peace has jurisdiction.

(c) No justice of the peace shall admit any person to batl who has
been committed by any court, nor shall any person committed by order of a
justice of the peace be admitted to bail by any other justice of the peace
in a less sum than was required by such order.

§ 19.1-124. Fees of bail commissioners.—The fee of the commissioner
or clerk for admitting a person to bail or releasing a person upon his recog-
nizance under § 19.1-110 shall be * three dollars. In no case shall the
payment of such fee be made out of the State treasury.

§ 19.1-125. Commitment for trial; recognizance; notice to attorney
for the Commonwealth.—When a judge * considers that there is sufficient
cause for charging the accused with a felony, unless it be a case wherein it
is otherwise specially provided, the commitment shall be for trial, and the
recognizance be for appearance in the court having jurisdiction of the
offense, at such time as the case can be proceeded in before such court.
The judge * _ shall return to the clerk of the court, as soon as may be,
a certificate of the nature of the offense, showing whether the accused was
committed or recognized therefor; and the clerk, as soon as may be, shall
inform the attorney for the Commonwealth in such court of such certificate.

§ 19.1-131. Form of receipt for same.—In order that justices of the
peace may be able to give such official receipts, it shall be the duty of the
Auditor of Public Accounts to provide all such justices with official pre-
numbered receipt books in quadruplicate, consisting of an original and three
carbon copies, the original receipt to go to the person whose funds are
deposited, the first carbon copy to go to the court or judge before whom
the person recognized is to appear, the second carbon copy to the Auditor
of Public Accounts and the other copy to remain in the receipt book; and
the justice of the peace with whom such cash was so deposited shall deliver
the same, along with the first carbon copy of the receipt, to the court or
judge before whom the person recognized is to appear or to the clerk of
such court or judge, if authorized by law to receive the same, who shall
give him an official receipt therefor. *

§ 19.1-2838. Writ of error to judgment for contempt.—To a judg-
ment for a contempt of court a writ of error shall lie from the Supreme
Court of Appeals. This section shall also be construed to authorize a writ
of error to a judgment of a circuit court rendered on appeal from a judg-
ment of a court not of record * for contempt.

§ 19.1-319. Judges of courts not of record * to certify to clerk
costs of proceedings in criminal cases before them.—A judge of a court
not of record * before whom there is any proceeding in a criminal case
shall certify to the clerk of the circuit court of his county or the corporation
court of his city, and a judge or court before whom there is, in a criminal
case, any proceeding preliminary to conviction in another court, upon
receiving information of the conviction from the clerk of the court wherein
it is, shall certify to such clerk all the expenses incident to such proceedings
which are payable out of the State treasury.

§ 24-157. District supervisors and Justices of the Peace.—In each
magisterial district there shall be chosen by the qualified voters thereof at
the general election to be held on the Tuesday after the first Monday in
November, in the year nineteen hundred and fifty-one, and every four years
thereafter, one supervisor and three justices of the peace who shall hold *
office for the term of four years.

Title 39.1 Justices of the Peace.
Chapter 1.
GENERAL PROVISIONS
Article 1
Transition Provisions

§ 89.1-1. 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.

§ 39.1-2. The repeal of Title 39 effective as of January one, nineteen
hundred sixty-nine, shall not affect any act or offense done or committed,
or any penalty or forfeiture incurred, or any right established, accrued,
or accruing on or before such date, or any prosecution, suit or action
pending on that day.

§ 39.1-8. Any notice given, recognizance taken, or process or writ
tssued, before January one, nineteen hundred sixty-nine, shall be valid
although given, taken or to be returned to a day after such date, an like
manner as if this title had been effective before the same was given, taken
Or 188U

§ 89.1-4. Whenever in this title any of the conditions, requirements,
Provisions or contents of any section, article or chapter of Title 39, as
such trtle existed prior to January one, nineteen hundred sixty-nine, are
transferred in the same or modified form to a new section, article or chap-
ter, 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 39 appearing elsewhere 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.

Article 2
Provisions of a General Nature

§ 39.1-5. The words “appointing court” as used in this title shall
mean and include the court of record which exercises criminal jurisdiction
over the political subdivision wherein justices of the peace may be elected
or appointed by the terms of this title. In any city which has more than
one court of record having such jurisdiction, that court which was estab-
ished first in point of time shall be the appointing court. In any such court
having more than one judge, the appointments shall be made by the judges
jointly; provided, that in the event the judges, or a majority of them, are
unable to agree, that fact shall be entered of record, and the sentor judge
shall make the appointments.

Article $
Appointment

§ 39.1-6. Inevery county and in every city the appointing court shall
appoint only as many justices of the peace as are necessary for the effective
administration of justice, provided that if the charter of any city provides
for the appointment of justices of the peace by the judge or judges of courts
of record, or for the appointment or election of justices of the peace by the
city council, such justices of the peace shall continue to be appointed in the
same manner as they were prior to the enactment of this article. This section
shall not apply to any city or county wherein justices are appointed pur-
suant to the provisions of § 19.1-32.1 of the Code.

§ 8$9.1-7. Any person may be appointed to the office of justice of the
peace under this title subject to the limitations of § 82 of the Constitution
of Virginia and Chapter 4 of Title 2.1 of the Code (8§ 2.1-80 to 2.1-87)
except as hereinafter provided.

§ 39.1-8. Persons appointed as justice of the peace under the pro-
visions of this article shall serve for a term of four years. Such term shall
commence January one, nineteen hundred sixty-nine. Appointments made
under the provisions of this article shall be revokable at the pleasure of
the appointing authority.

§ 39.1-9. Every justice of the peace elected or appointed under the
provisions of this article shall enter into bond in the sum of two thousand
five hundred dollars, before the clerk of the circuit or corporation court
which exercises jurisdiction over the political subdivision wherein he shall
serve, for the faithful performance of his duties.

§ 39.1-10. No person shall be eligible for election or appointment to
the office of justice of the peace under the provisions of this title if he or his
spouse is a law enforcement officer or is otherwise charged with the duty of
enforcing any of the laws of this Commonwealth or any ordinance of any
political subdivision thereof, nor shall any person who is or whose spouse
is a clerk, deputy clerk, assistant clerk, or employee of any such clerk of a
court not of record or a police department or a sheriff’s office of a county,
city or town be eligible for election or appointment to the office of justice
of the peace of such county, city or town, nor shall any person who is not a
resident of the county, city or town be eligible for appointment to the office
of justice of the peace for such county, city or town. This section shall not
apply to incumbents of such office who are in office when this section
becomes effective.

Article 4
Supervision

§ 39.1-11. The appointing court may exercise general supervisory
power over the administration of justices of the peace within its jurisdic-
tion and in the exercise of such power may promulgate such reasonable
rules and regulations as may be deemed necessary to supplement or clarify
the provisions of this chapter with respect to such justices of the peace.
This shall include the power to regulate the time and place of sitting of
such justices of the peace.

§ 39.1-12. It shall be the duty of the court not of record to supervise
the justices of the peace within the jurisdiction of such court in accordance
with such rules as may be promulgated under the preceding section.

§ 39.1-18. It shall be the duty of the Commonwealth’s attorney to
render legal advice to the justices of the peace within his city or county
and to advise them, when necessary, of changes in law and procedure.

Article 5

Jurisdiction

§ 39.1-14. A justice of the peace shall exercise the powers conferred
by this title only in that area which is coterminous with the boundaries
of the city, county or town for which he is appointed.

§ 39.1-15. A justice of the peace shall have the following powers only:

(1) to issue process of arrest in accord with the provisions of
§§ 19.1-90 to 19.1-100.1 of the Code;

(2) to issue search warrants in accord with the provisions of §§
19.1-83 to 19.1-89 of the Code;

(3) to admit to bail or commit to jail all persons charged with
offenses subject to the limitations of § 19.1-110 and in accord with general
laws on baal.
(4) The same power to issue attachments, warrants, and subpoena:
within such city as is conferred upon courts not of record. Such attach.
ments, warrants, and subpoenas shall be returnable before a court noi
of record.

(5) Toissue civil warrants directed to the sheriff, sergeant or con-
stable of the county or city wherein the defendant resides, together with
a copy thereof, requiring him to summon the person against whom the
claim is, to appear before a court not of record ona certain day, not exceed-
ing thirty days from the date thereof to answer such claim. If there be
two or more defendants and any defendant resides outside the jurisdiction
in which the warrant is issued, the summons for such defendant residing
outside the jurisdiction may be directed to the sheriff or sergeant of the
county or city of his residence, and such warrant may be served and
returned as provided in § 16.1-80.

Article 6
Removal

§ 39.1-16. Any justice of the peace may be removed from office by the
appointing court for any of the grounds provided in § 15.1-68; provided,
that any charter provisions for the removal of a justice of the peace shall
not be affected by this section. The procedure followed shall be that specified
in §§ 15.1-64 to 15.1-66.

Article 7
Fees and Expenses

§ 39.1-17. No justice of the peace shall receive any fee, payment or
emolument which is in any way connected with the discharge of his duties
unless such fee be provided for under Title 14.1 of the Code or such payment
be legitimate compensation authorized by the governing body of the county,
city or town wherein he holds office.

§ 39.1-18. No justice of the peace shall receive claims or evidence of
debt for collection; and it shall be unlawful for any justice to receive claims
of any kind for collection, or to accept or receive money or any other thing
of value by way of commission or compensation for or on account of any
collection made by or through him on any such claim, either before or
after judgment. Any justice violating this section shall be guilty of a
misdemeanor.

39.1-19. The Auditor of Public Accounts shall audit the records of
all justices of the peace who serve in counties upon request of the circuit
courts of said counties.

Chapter 2.

§ $9.1-20. The council of any town may elect one or more special
justices of the peace to be known as issuing justices, who shall hold office
during the pleasure of the council and shall have such powers as are hereby
conferred, and no other. Such issuing justice or justices shall, at the tume
of his or their election, and while holding such office, reside tn the town
or in the county and no person shall be ineligible to hold such office by
reason of the fact that at the time of his election or while holding such
office he is an officer or employee of the State, county, or town unless to
be justice of the peace while holding such office or employment is contrary
to the general laws and Constitution of the State.

§ 89.1-21. Every issuing justice, before entering upon the perfor-
ance of his duties, shall take the official oaths required by State law before
the clerk of the circutt court of the county.

§ 39.1-22. Every warrant within the jurisdiction conferred upon th
municipal court judge by the charter of the town or by general law mat
be issued by one of such issuing justices, but every warrant so issued shal
be made returnable before such judge and shall, unless otherwise provided
by law, be triable only by him, or by the substitute judge of any such court,
Any such issuing justice may also issue subpoenas for witnesses in cases
to be tried by the judge of the municipal court.

§ 89.1-28. In the absence of the judge of the municipal court of the
town, each issuing justice shall have the same power to admit persons to
bail as the municipal court judge would have under general law of the State
if present, and shall collect the fees therefor and shall report and pay same
to the officer authorized to collect fines imposed by the municipal court

ge.
§ 39.1-24. Such issuing justice or justices shall receive such salary
or other compensation as the council may from time to time prescribe by
ordinance, but no officer or employee in any department of the town
government who may be elected issuing justice shall receive any salary
or other compensation as such justice while he holds such other offices or
continues in such other employment, unless and until the council specifi-
cally provides for such salary or other compensation by ordinance.

§ 89.1-25. For the purposes of this chapter “municipal court judge”
or “municipal court” as the case may be, shall include police court judge
or police court as requisite.

§ 49-3. Who may administer oaths to officers.—The oaths to be taken
by a person elected a member of either house of the General Assembly
shall be administered by the clerk or presiding officer of the houses, re-
spectively, * or a notary. Those to be taken by any judge of any court
of record elected by the General Assembly shall be administered in a court
of record, or by a judge of such court, or by any officer authorized by law
to administer an oath. Those to be taken by any person elected or appointed
an officer of either house of the General Assembly shall be administered
by such person and in such manner as such house may prescribe by its
rules; and the oaths to be taken by a person elected or appointed to any
other office or post shall, except in cases in which it may be otherwise
directed by law, be administered in a court of record or, if no bond is
required of such officer, by the judge of such court or the clerk thereof in
vacation. A justice of the peace of another state may administer the oaths
to be taken by a commissioner or other person residing therein.

§ 49-4. When justices and other officers may administer oaths and
take affidavits— Any oath or affidavit required by law, which is not of
such nature that it must be made in court, may be administered by * or
made before a notary, a commissioner in chancery, a commissioner ap-
pointed by the Governor, or a court or clerk of a court or deputy clerk of
a court, or clerks of city councils, common councils, or boards of aldermen;
or in case of a survey directed by a court in a cause therein pending, by or
before the surveyor directed to execute the order of survey.

§ 55-118. Such court or clerk as is mentioned in § 55-106 shall admit
any such writing to record as to any person whose name is signed thereto.

(1) Upon the certificate of such clerk or his deputy, * a notary
public, a commissioner in chancery, or a clerk of any court of record within
the United States or in Puerto Rico, or any territory or other dependency
or possession of the United States, that such writing had been acknowledged
before him by such person. Such certificate shall be written upon or an-
nexed to such writing and shall be substantially to the following effect,

o-wit:

| ee clerk (or deputy clerk, or a commissioner
In chancery) Of the.............cccccccccsssccccssssceceesees court, * (or anotary public)
for the county (or corporation) aforesaid, in the State (or territory, or
Gistrict) Of.............cccccessessssscceceeeeeeeees , do certify that E.F., or E.F. and G.H.,

and so forth, whose name (or names) is (or are) signed to the writing
above (or hereto annexed) bearing date on the... day Of.............
has (or have) acknowledged the same before me in my county (or corpora-
tion) aforesaid.
Given under my hand this...................0000 AY Of........ccccccccsseescceeseeceececeeeees
(2) Upon the certificate of acknowledgement of such person before
any commissioner appointed by the Governor, within the United States,
so written or annexed, substantially to the following effect, to-wit:

rake (or territory, Or istrict) Of...............ccccsceseeees to-wit:
sonececccccasecccecececsccsccesseceosees , 2 commissioner appointed by the Governor
of the State of Virginia, for said State (or territory or district) of.............. ,

do certify that E.F. (or E.F. and G.H., and so forth) whose name (or
names) is (or are) signed to the writing above (or hereto annexed)
bearing date On the.................:ccccsscessesseeees day 0) has (or
have) acknowledged the same before me in my State (or territory or dis-
trict) aforesaid.

Given under my hand this ..............ccccccsssssssesscescceeees Gay Of............ccccccceeees

(3) Or upon the certificate of such clerk or his deputy, * a notary
public, a commissioner in chancery, or a clerk of any court of record within
the United States, or in Puerto Rico, or any territory or other possession
or dependency of the United States, or of a commissioner appointed by the
Governor, within the United States, that such writing was proved as to
such person, before him, by two subscribing witnesses thereto. Such cer-
tificate shall be written upon or annexed to such writing and shall be sub-
stantially to the following effect, to-wit:

State (or territory, or district) Of.............c.ecccceesseeeseeees > county (or
COPPOrAtion) Of ..............cccceceseceecees eens » CO-WiIt: I, ......ceccccecesceceeeceeceesesseees , clerk
(or deputy clerk, or a commissioner in chancery) Of the.............cccccccssssssceceeees
court, * (or a notary public) for the county (or corporation) aforesaid,
in the State (or territory or district) Of...................ccssccssesees (or a commis-
sioner appointed by the Governor of the State of Virginia for said State,
or territory, OF district Of...............ccccccscseeesseeeeeee ), do certify that the execu-
tion of the writing above (or hereto annexed) bearing date on the................
OA) , by A.B. (or A.B. and C.D., and so forth), whose
name (or names) is (or are) signed thereto, was proved before me in my
county (or corporation, or State) aforesaid, by the evidence on oath of
E.F. and G.H., subscribing witnesses to said writing.

Given under my hand thiss...............cccssssssrsseeees Gay Of.............cccsceeccseceseeees

When authority is given in § 55-106 or in this section to the clerk of
a court in or out of this State, but within the United States, such authority
may be exercised by his duly qualified deputy.

§ 55-202. Any person may take up an estray found on his land or a
boat or vessel adrift. He shall immediately inform * the court not of
record, or clerk thereof, of his county or corporation, who shall issue *
warrants to three freeholders, requiring them under oath to view and ap-
praise such estray or boat or vessel, and certify the result, with a descrip-
tion of the kind, marks, brand, stature, color and age of the animal, or kind,
burden and build of the boat or vessel.