Chap. 108.—An ACT to amend and re-enact an act entitled an act to amend
the charter of the city of Fredericksburg in relation to justices of the peace,
police justice, constables, and the police of said city, and in relation to the
mayor, approved February 18, 1898.

Approved February 29, 1908.

1. Be it enacted by the general assembly of Virginia, That an act
entitled “an act to amend the charter of the city of Fredericksburg, in
relation to justices of the peace, police justice, constables, and the police
of said city, and in relation to the mayor,” approved February eighteenth,
eighteen hundred and ninety-eight, be amended and re-enacted so as
to read as follows:
138 ACTS OF ASSEMBLY.

§1. That the office of the recorder of the city of Fredericksburg is
2eey abolished, to take effect September first, nineteen hundred and
eight.

§2. That there shall be elected by the qualified voters of said city, at
the general election to be held on the Tuesday after the first Monday
in November, nineteen hundred and eight, one police justice for said
city, who shall hold office for a term of one year from the first day of
January next following his election, and until his successor is elected
and has qualified. At the election for city officers on the Tuesday after
the first Monday in November, nineteen hundred and nine, and every
four years thereafter, there shall be elected, by the qualified voters of
said city, a police justice for said city, who shall hold office for a term
of four years, from the first day of January next following his election,
and until his successor is elected and has qualified. In case of death,
resignation or some other cause of removal, the vacancy in said office
shall be filled for the unexpired term by the corporation court of said
city, or the judge thereof in vacation. The compensation of said police
justice shall be fixed by the city council, and be paid out of the city
treasury, and shall not be increased or diminished during his term of
office. The electoral board of said city shall provide for the election of
said police justice, as in case of other city officials elected by the qualified
voters of said city. Said police justice shall qualify in the manner
provided by law for city officials.

§3. The police justice so elected shall be a conservator of the peace
within the corporate limits of the city of Fredericksburg, and within
one mile beyond the corporate limits of the city, and within such limits
shall have exclusive original jurisdiction for the trial of all offenses
against the ordinances of the city, and, in addition thereto, shall, in
all offenses against the laws of this Commonwealth, possess the jurisdic-
tion and exercise all the powers conferred upon justices of the peace
and police justices by the laws of this State, in all of which cases the
punishment may be the same as the corporation court of the city is
authorized to impose. There shall be an appeal from the judgment of
such police justice to the corporation court of the city, as now or here-
after provided by law from the judgments of justices of the peace or
police justices.

§4. And such police justice may be suspended or removed from office
by the corporation court of the city, for which he is elected, for mal-
feasance, misfeasance, incompetency, or gross neglect of official duty.
All proceedings under this section shall be by order of and on motion
before the proper court, upon reasonable notice to the officer to be
affected thereby. “And there shall be a right of appeal to the court of
appeals.” ,

§5. In case of sickness or inability of such police justice to discharge
the duties of his office, or if he is so situated as to render it improper
for him to preside at any trial, the corporation or hustings court, or the
judge thereof in vacation, shall, by order entered of record, designate
some justice of the peace or magistrate of said city to act in his place.

§6. Upon the qualification of such police justice, the power of the’
mayor to sit or act as a magistrate or justice of the peace shall cease
and determine, and all his duties in this respect shall devolve upon and
be exercised by such police justice, who shall hold court each week day,
beginning at nine o’clock, ante meridian, or some other hour to be
designated by the council, to hear and determine such cases as may
be brought before him; and for this purpose the council shall provide
a suitable office for such police justice.

§7. The council of said city may from time to time appoint one or
more constables; and said council may also appoint as many police
officers as it may deem necessary, prescribe the duties and fix the com-
pensation of said police officers; and any of said officers may be re-
moved from office at the pleasure of the council. The said policemen
shall generally have power to do whatever may be necessary to preserve
the good order and peace of the said city and to secure its inhabitants
from personal violence, and their property from loss and injury; and
they shall in criminal cases have the same powers and duties, and be
subject to the same penalties that are prescribed by law as to constables
and police.

§8. All acts or parts of acts in conflict with, or inconsistent with the
provisions of this act are hereby repealed.