Chap. 5.—An ACT amending and re-enacting the 8th section of chapter
157 of the Code of 1860, so as to create the office of Judge of the Court
of the City of Lynchburg, and defining the powers and duties of said
court, . )

Passed December 10, 1866.

i

1. Be it enacted by the general assembly of Virginia, That
the eighth section of chapter one hundred and fifty-seven of
the Code of eighteen hundred and sixty, be amended and re-
enacted so as to read as follows:

Ҥ8. There shall be for the city of Lynchburg a court,
which shall be called ‘the court of hustings for the city of
Lynchbur g, and the same shall be held by the aldermen of
said city, er any three or more of them, except when it is
otherwiséd provided; and also by a judge, to be called ‘ the
judge of the court of hustings for the city of Lynchburg.’ ”

2. A term of said court, not exceeding four days, shall be
held by the aldermen aforesaid in every month, at such time
and place as’ the said court may prescribe, at which shall be
exercised all the jurisdiction, powers and duties of the court
of hustings of the city, except such as are expressly vested
in and delegated to said court when held by the judge afore-
said.
3. A term of said court, not exceeding twenty days, shall
be held by the said judge in every month, at such time and
place as the said court may prescribe, at which time the said
court shall exercise exclusively the jurisdiction now vested
in it over all attachments, appeals in civil cases, civil actions,
motions and suits at law. and in chancery ; all matters con-
cerning the probate of wills, the appointment, qualification
and removal of fiduciaries, and the settlement of their ac-
counts, and other civil proceedings, exeept those relating to
apprentices, bastards and matters of police, And the court
so held or the judge thereof, may appoint commissioners in
chancery, commissioners to take depositions, receivers, and
any other officers or agents for the conducting its business,
which a circuit court or judge may appoint imsimilar cases,
and whose appointment is not otherwise provided for by this
act or ordinances of the city.

4. The said court, at the terms held by the judge thereof,
shall have original jurisdiction as to all felonies and misde-
meanors committed within the territorial limits of its juris-
diction, and it shall have appellate jurisdiction in cases in
which the constitutionality or validity of an ordinance of the
city is involved, and cognizance of all appeals that may be
allowed from the orders or judgments of a justice of said
city, in all cases in which said court as heretofore constituted
hadggrisdiction ; and it shall have cognizance of all pleas of
the Commonwealth at its monthly as ‘well as its quarterly
terms; and the writs of venire facias for such juries as may
be required at any of the terms of said court for the trial of
persons charged with either felony or misdemeanor, shall be
issued at least three days-+before any term at which their
attendance may be required.

5. The civil business of said court, when held by the said
jadge, shall be distributed between monthly and quarterly
terms as now prescribed by law, and the judge shall designate
which of his terms shall be quarterly. There shall not be
hereafter any quarterly terms of said court when held by said
justices, but all the civil and criminal business now pendin
in the hustings court, as at present constituted, shall here-
after be tried and disposed of by said court as organized
under the provisions of this act, when the same goes into
operation.

6. A grand jury shall be summoned as prescribed by law,
to attend in each year six of the terms of said court when
held by said judge. The judge shall charge said jury, and he
shall designate to which of the terms of his court said jury
shall be summoned. All provisions of law concerning grand
and petit juries, the taxation of costs and officers’ fees, appli-
cable to circuit courts, shall apply to the said court when
held by the judge theréof. ’

7. All criminals examined by said court, when held by the
recorder and aldermen, if remanded for trial, shall be sent to
the said court at its terms held by the judge, and all deposi-
tions and recognizances shall be thereunto returned.

8. The said court held by the judge, and the said judge
respectively; shall have the same power as a circuit court, or
a circuit judge, in suits for partition, or for sale of lands of
persons under disability, and to award and try writs of in-
junction, habeas corpus, certiorari, mandamus and _ prohibi-
tion, and shall exercise the same jurisdiction and powers asa
circuit court or circuit judge.in such cases, and as to all sub-
jects incident to the matters or cases of which the court or
the judge has jurisdiction; and orders awarding injunctions
may be directed to.the clerk of the court, and injunction
bonds taken by,him in all such cases, over which the said
court has jurisdiction. Appeals, writs of error and writs of
supersedeas, from and to judgments, decrees and orders of
said court, held by the judge, shall be taken and allowed, as
if they wereefrom or to those of a circuit‘court or a circuit
judge. But if they be from or to the judgments, decrees
and orders of said court, when held by the recorder and
aldermen, they shall be taken to the circuit court of the city
aforesaid, as heretofore.

9. The commionwealth’s attorney for the circuit court of
the city of Lynchburg shall prosecute in all cases of ‘felony
in the said court of hustings, held by the judge thereof.
During the absence of the said judge, or-his inability, from
any cause, to hold terms of his court, the same may be held
by any circuit judge, whose compensation shall be fixed and
paid by the council. And the said court, when held the
judge, and the said judge in vacation, may remove cates to
any circuit court for the.same causes, and in the same manner
as are prescribed by law for the removal of causes from one
circuit court to another.

10. The commonwealth’s atterney forthe circuit court of
the city shall perform the duties connected with any matter
or proceeding in the said hustings court, held by the judge
thereof, which are required of the attorney of the common-
wealth-in circuit courts, and shall receive the same fees or
compensation therefor as is done in a circuit court. The
records and proceedings of the said court, held by the judge
thereof, shall be kept as the records and proceedings of a
circuit court are required to be kept; and the duties, liabili-
ties, compensation of, and mode of proceeding against, the
clerk arid other officers and agents of said court, held by the
judge thereof, and the attorneys fees taxed, shall be the same
as in like cases in the circuit court.

11. Thé said -judge shall be elected by the council-for said
city at such time as- they may designate, and be shall hold
his office for the term of eight years. His salary shall be
fixed and paid by, the council for said city, and it shall not be
diminished during his term of*office. The council shall de-
sionate when the term of his said office shall begin; and the
said judge, during his term of office, shall not hold any other
office, appointment or public trust, and the acceptance thereof
shall. vacate the office of judge. .
_ 12. No one shall be elected judge of the said court of
hustings ‘for the city who has not resided within the juris-
diction of said court for at least twelve months immediately
preceding his election, or who has not practiced law within
this commonwealth for at least five years, or who has not
attained the age of thirty years. ‘ te,
13. This act shall go into operation as soon as ti same
shall be approved by the common council of the city of
Lynchburg. , .