Chap. 182.—An ACT to amend and re-enact section ninety of an act ap-
proved March fifteenth, nineteen hundred and six, entitled an act to
amend and re-enact section ninety of an act approved February twenty-
eighth, eighteen hundred and ninety-six, entitled an act to provide a new
charter for the city of Roanoke, in relation to justices of the peace In
said city, as amended by an act approved March sixth, nineteen hundred,
entitled-an act to amend and re-enact section ninety of an act approved
February twenty-eighth, eighteen hundred and ninety-six, entitled an act
to provide a new charter for the city of Roanoke, in relation to justices
of the peace in said city.

Approved March 14, 1910.

1. Be it enacted by the general assembly of Virginia, That section
ninety of an act approved February twenty-eighth, eighteen hundred and
ninety-six, entitled an act to provide a new charter for the city of Roa-
noke, in relation to justices of the peace in said city, as amended by an
uct approved March sixth, nineteen hundred, and re-amended by an act
approved March sixteenth, nineteen hundred and six, be amended and
re-enacted to read as follows:

§90. The city of Roanoke shall be divided into two magisterial dis-
tricts. Kimball and Melrose wards shall constitute district number one,
and Jefferson and Highland wards shall constitute district number two.
There shall be one justice of the peace for each district of said city, who
shall be residents of their respective districts, and who shall be elected
by the qualified voters of the city at large, and shall hold office for the
term of four years and until their successors be elected and qualified,
unless sooner removed from office. The said justices of the peace shall be
conservators of the peace within the limits of the corporation of Roa-
noke and one mile beyond, and shall have the same powers and duties
within the said limits, and receive for their services such compensation
as is prescribed by law in respect to justices of the peace now in the city
of Roanoke, except that said justices shall not have power to try civil
cases, nor any of the powers granted to the police justice of said city, or
to the trial justice herein named, nor shall they have the right to issue
any garnishment process or executions except in cases of unlawful de-
tainer; and further, whenever said justices shall issue any civil warrant
they shall collect the sum of one dollar at the time said warrant is issued.
The justice issuing. said warrant shall retain out of the sum so collected
the sum of fifty cents as his compensation for the issue thereof; and he
shall turn into the city treasurer’s hands the sum of fifty cents for each
warrant so issued.

Such money shall be deposited on Monday of each week, with a list of
the warrants issued by him. The treasurer shall take such deposits and
hold the same, and on the first day of each month he shall turn over the
same so deposited to the trial justice, taking his receipt therefor.

The treasurer shall report annually to the council the amount of
money he has received and turned over to the trial justice, and said treas-
urer shall] not receive any additional compensation for the services herein
provided for.

There shall be elected by the qualified voters of the city of Roanoke
one justice of the peace, who shal] be known as the trial justice, and who
shall hold his office for the term of four years, and until his successor
be elected and qualified, unless sooner removed from office. He shall
reside in the city of Roanoke: provided further, that the council for said
city may, by proper ordinances, consolidate the offices of police justice and
trial justice. In the event of such consolidation the appointment of a
suitable person to fill: said office shall be vested in the city county: and
provided further, that such officer shall receive as compensation for his
services a salary of not less than nine hundred dollars per annum, to be
paid out of the city treasury, and no other compensation, and that all
fees which, under this act, would be payable to the trial justice, shall be
paid into the city treasury for the use of the city of Roanoke.

The said trial justice shall be a conservator of the peace within the
limits of the corporation of Roanoke and one mile beyond, and shall have
the same powers and duties within said limits, and receive for his ser-
vices such compensation as is now prescribed by law for justices of the
peace in the city of Roanoke, except that such trial justice shall not have
the power to issue any warrants in detinue, unlawful detainer, attach-
ments, distress warrants, and warrants for small claims. Al] warrants
and processes issued by other justices, except the police justice of said
city, shall be returnable before said trial justice, nor shal] he issue any
writ instituting any civil action, and except that for the trial of all civil
eases he shall receive the sum of fifty cents heretofore mentioned; nor
shall he have any of the powers granted to the police justice of said city;
and in his absence or inability to act, he may designate the police justice
or one of the other justices of the peace of said city to act in his stead,
and on his failure to do so the mayor shall make such designation.

The term of office of all justices of the peace for the city of Roanoke,
elected at the general election held in November, nineteen hundred and
nine, in said city, shall expire on the first day of January, nineteen hun-
dred and fourteen; and at the general election, to be held on Tuesday
after the first Monday in November, nineteen hundred and thirteen, the
two district justices and the trial justice, provided for in this act, shaB
be elected, and their respective terms of office shall commence on the first
day of January, nineteen hundred and fourteen.

In case of the failure of any district justice to make report of and
deposit any of the fees collected by him, as herein provided, then the trial
justice shall have the right of action against the said district justice for
the payment of the sum so collected; and any district justice failing to
make reports and deposits of the amounts collected by him, as herein
provided, shall, upon conviction thereof before the hustings court of said
city, be fined not less than ten nor more than twenty dollars for each
offense, and in the discretion of the judge of said hustings court, re-
moved from office. .

2. An emergency existing, this act shall be in force from its passage.