Chap. 133.—An ACT to provide, in cities containing 70,000 inhabitants or mor
for the election of a special justice of the peace. to be known as the civ
justice, to prescribe his jurisdiction and duties and to fix his compensation
and to authorize the issue by other justices of the peace in said cities «
warrants cognizable by said civil justice.

Approved March 5, 1908.

Be it enacted by the general assembly of Virginia, as follows:

1. Election and term.—There shall be elected by the joint vote of th
vo houses of the general assembly for each city of this Commonwealt
mntaining seventy thousand inhabitants or more a special justice of th
eace, to be known as the civil justice, who shall hold office for a tern
' four years, and until his successor has been appointed and qualified
nless sooner removed, as hereinafter provided. A certificate of sucl
ection shall be issued, in the manner prescribed by law for judges o
yurts of record. ,
2. Qualifications.—Such justice, at the time of his election, shall hav
racticed law in this State for at least five years, and shall, during hi
rm of office, reside in the city for which he is elected, and shall not
iring the said term, practice law or hold any office of public trust.

3. Oath.—Such justice, before entering upon the performance of hi
ity, shall take the official oath required by law before the circuit cour
the city for which he is appointed, or the judge thereof in vacation
e shall also enter into bond in the penalty of two thousand dollars
fore said circuit court, or judge thereof in vacation, with surety to he
yproved by said court or judge, and conditioned for the faithful per.
rmance of his duties as such civil justice.

4. Such justice shall receive a salary of not less than two thousanc
ur hundred dollars per annum, to be paid in monthly installment:
it of the treasury of the city for which he is elected; and he shall re-
ive no other compensation for his services as such justice; provided

however, that no installment of his salary shall be paid except upon his
certificate in writing that he has disposed of all cases which were sub-
mitted to him for decision more than thirty days previous to the date
upon which said installment falls due.

5. Disability, etcetera, of justice—The court of such justice shall be
open for the transaction of business every day in the year, except Sundays
and legal holidays, but he shall be allowed a vacation period of not
more than four weeks, between July first and October first. In the event
of the inability of such justice to perform the duties of his office, by
reason of sickness, absence, vacation, interest in the claim, or parties,
or otherwise, upon notice of said absence or disability, the judge of the
corporation or hustings court of said -city shall, by proper order of
record, appoint another person, with like qualifications, to perform the
duties of the office during such absence or disability, for which service
the person so appointed shall receive compensation at the rate of not
less than ten dollars per day, to be paid out of the treasury of his city.

6.. Removal from office——Such justice may be removed, in the manner
prescribed by law for the removal of judges of courts of record, for in-

competency, neglect of duty, corruption in office, or failure to decide
with reasonable promptness any claim pending before him.

7. Vacancies.—Any vacancy occurring in said office during the recess
of the general assembly shall be filled by the appointment by the gov-
ernor of a person of like qualifications.

8. Jurisdiction.—The said justice shall have jurisdiction of any claim
to specific personal property of less value than three hundred dollars, or
to any debt, fine, or other money, or to damages for any breach of con-
tract, or for any injury done to property, real or personal, which would
be recoverable by action at law, or suit in equity, if such claim be less
than three hundred dollars, inclusive of interest, at the date of the
institution of the suit; and neither the police justice, nor anv other jus-
tice of the peace, in such cities, shall hereafter exercise such jurisdiction
as is herein conferred on said civil justice excépt as hereinafter provided.

9. Issue of warrants.—A warrant within the jurisdiction above con-
ferred upon such civil justice may be issued by any justice of the peace
of his city, except said civil justice and the police justice, but when so
issued it shall be returnable only before such civil justice for trial and
determination.

10. Costs, etcetera.—At or before the time of hearing had hefore sych
civil justice on any claims, the plaintiff (in such claim) shall pay to said
civil justice a trial fee of fifty cents for each hundred dollars of value,
or fraction thereof, claimed in such warrant. The trial fee shall he
taxed as a part of the costs. Said civil justice shall monthly pay into
the treasury of his city all trial fees collected by him.

11. Procedure.—All progedure under this act, except so far as herein
otherwise provided, shall conform to the chapter concerning warrants
for small claims, being chapter one hundred and forty of the Code of
Virginia, as amended; but the plaintiff in any such claim may, at his
option, proceed before such justice under sections thirty-two hundred
and eleven and thirty-two hundred and twelve of the Code of Virginia,
and acts amendatory thereof, except that judgment may he rendered
after five days’ notice; and cither party may require the adverse party
to file the particulars of the claim, or the grounds of defense, as pro-
vided in section thirty-two hundred and forty-nine of the Code of Vir-
ginia.

12. Removal and appeal.—No claim returnable before such justice
shall be removed to any other court, but from every judgment of said
justice in claims exceeding twenty dollars, exclusive of interest, there
shall be an appeal as of right to any of the courts exercising original
common law jurisdiction in civil cases in said cities, respectively, and
all such appeals shall be tried, and judgment rendered, as provided by
section twenty-nine hundred and fifty-seven of the Code of Virginia,
and acts amendatory thereof; but no appeal shall be granted unless and
until the party applying for the same has given bond, with sufficient
surety to be approved by the said justice to abide the judgment of the
court .upon the appeal. The party taking such appeal may direct to
which of said courts said appeal shall be sent for trial, and in the absence
of such direction, the said justice may send the same to any court having
jurisdiction, and the clerk of such court, upon the receipt of the papers
in any appeal case, shall, upon payment of the writ tax, forthwith docket
such case in its regular order; but appeal cases shall not have any
Belsrance over other cases pending in such courts, as regards the time
of trial.

13. Dismissal of claims.—If any claim shall have been pending before
such justice sixty days, he shall notify the parties that the same will be
dismissed in ten days thereafter, unless good cause be shown to the con-
trary; and unless such cause be shown, such justice shall forthwith dis-
miss such claim. :

All papers connected with any of the proceedings in the trial of cases
‘before such civil justice, except such as may be removed on appeal, shall
remain in the office of said civil justice and shall be properly indexed
and filed and preserved.

14. Rules of practice——Such justice shall have the power to make
and enforce such reasonable rules of practice as are not in conflict with
law.

15. Court room, books and stationery.—Each of such cities shall pro-
vide a suitable court room and office for such civil justice and shall
furnish all necessary books and stationery. Such books shall be under
the control of such civil justice and shall remain the property of such
cities.

16. Bailiff.—The said civil justice shall appoint a bailiff for his said
court, who shall hold his office until removed by the said civil justice.
The said bailiff shall have charge of the civil justice’s court room and
office, and the furniture and other property contained therein; and be
held responsible for the safekeeping and proper protection of the same.
He shall have the care of keeping, cleaning, warming and lighting the
said room and office.

He shall attend all courts held by the said civil justice and shall per-
form such other services as may be required of him by the said civil
justice. The said bailiff shall have the power and authority of a police
officer and shall receive for his services such compensation as the re-
spective city councils shall fix, to be paid out of the treasury of his said
city.
17. Beginning of first term.—The justices first appointed under this
act shall enter upon their duties July first, nineteen hundred and eight;
and all procedings of whatever nature pending before any police justice
or justice of the peace in said cities under chapter one hundred and
forty of the Code of Virginia shall be forthwith transferred for further
procedure and determination to the said civil justices, respectively.

18. All acts, parts of acts, or charter provisions in conflict with this
act, are hereby repealed.