CHAP. 166.—An ACT to amend and re-enact an act entitled “an act to
provide a new charter for the city of Portsmouth,” approved March
10, 1908, by adding a new chapter thereto, to be known as chapter 9,
in relation to a civil and police justice, providing for his election or
appointment and qualifications, describing his powers, duties, juris-
diction, term of office and compensation, and repealing section seven
of chapter two of said city charter.

Approved March 12, 1912.

1. Be it enacted by the general assembly of Virginia, That
the act entitled “an act to provide a new charter for the city of
Portsmouth,” approved by the general assembly of Virginia
March tenth, nineteen hundred and eight, be amended and re-
enacted by the addition of a new chapter, to be known as chapter
nine, in relation to a civil and police justice, providing for his
election or appointment and qualifications, and discribing his
powers, duties, jurisdiction, term of office and compensation, and
repealing section seven of chapter two of said city charter so as
to read as follows:

CHAPTER IX.

$1. Civil and police justice.—There may be appointed by the
city council, and to be amenable thereto, one civil and police
justice whose powers, duties, jurisdiction, term of office, qualifi-
cations and compensation shall be as hereinafter provided.

§2. Qualifications.—Such justice, at the time of his election
and during his term of office, shall reside in the city of Ports-
mouth.

$3. Criminal jurisdiction.—The said justice shall be a con-
servator of the peace within the corporate limits of the city of
Portsmouth, and within such limits shall have exclusive original
jurisdiction for the trial of all offenses against the ordinances
of the city of Portsmouth, and shall have concurrent jurisdiction
with the court of hustings for the city of Portsmouth in all
cases for violations of the revenue laws of the State, and of
offenses arising under the provisions of chapter one hundred
and eighty-seven, and of sections thirty-eight hundred and one,
thirty-eight hundred and two, thirty-eight hundred and three,
and thirty-eight hundred and four of the Code of Virginia, and,
except when it is otherwise specially provided, shall have ex-
clusive original jurisdiction for the trial of all other misdemeanor
cases occurring within the jurisdiction of said city of Ports-
mouth; and in addition thereto shall, in all offenses against the
laws of this Commonwealth, possess the jurisdiction, 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 pun-
ishment may be the same as the mayor of said city, or the court
of hustings for said city, are now authorized to impose. There
shall be an appeal from the judgment of such civil and police
justice, in criminal matters, to the court of hustings for the city
of Portsmouth, as now or hereafter provided by law from the
judgment of justices of the peace or police justices.

§4. Civil jurisdiction—The said justice shall have juris-
diction of any claim to specific personal property of less value
than one hundred dollars, or to any debt, fine, or other money,
or to damages for any breach of contract, or for any injury
done to property, real or personal, which would be recoverable
by action at law or suit in equity, if such claims be less than
three hundred dollars, inclusive of interest, at the date of the
institution of the suit; and shall also have all of the civil juris-
diction now possessed by the police justices or justices of the
peace in such cities with respect to cases and proceedings of
forcible or unlawful entry or detainer; and neither the mayor
nor any other justice of the peace in the city of Portsmouth shall
hereafter exercise such jurisdiction as is herein conferred on the
aforesaid civil and police justice, except as hereinafter provided.

§5. Salary.—Such justice shall receive such a salary as the
city council may determine, to be paid in monthly instalments,
out of the treasury of the city of Portsmouth, and he shall re-
ceive no other compensation for his services as such civil and
police justice.
$6. Daily sessions; exceptions; substitute——The court of
justice shall be open for the transaction of business every day
in the year except Sundays and legal holidays. The judge of
the court of hustings for the city of Portsmouth shall, by proper
order of record, appoint as substitute civil and police justice,
a person with like qualifications as said civil and police justice
in the event of the inability of the civil and police justice to
perform the duties of his office by reason of sickness, absence,
interest in the claim, or parties, or otherwise; such substitute
civil and police justice shall perform the duties of the office
during such absence or disability, and shall receive compensation
for his services at the rate of not less than five dollars per day,
the account for such services to be approved by the court of
hustings for the city of Portsmouth. While acting as such, either
the civil and police justice or the substitute civil and police
justice may issue executions upon, grant new trials, hear mo-
tions, and perform other acts in reference to the Judgments and
proceedings of the other in the same manner as if they were his
own.
$7. Removal from office.—Such justice may be removed or
suspended from office by the court of hustings for the city of
Portsmouth, for malfeasance, misfeasance, incompetency, or
gross neglect of official duty, or corruption in office. All pro-
ceedings for such removal or suspension shall be by order of and
on motion before the proper court, upon reasonable notice to the
officer to be affected thereby. And such officer shall have the
right to demand a trial by jury.

$8. Vacancy.—Any vacancy occurring in said office shall
be filled by the council of the city of Portsmouth, of a person
of like qualifications as is set forth in section two of this chapter.

$9. Issue of warrants.—A warrant within the jurisdiction
above conferred upon such city justice shall be issued by him,
and returnable only before him.

$10. Trial and costs.—Such city justices shall collect all
costs and other fees required by law to be paid, and in civil
cases, at or before the time of hearing had on any claim the
plaintiff (in such claim) shall pay to said city justice a trial
fee of fifty cents for each hundred dollars of value, or fraction
thereof claimed in such warrant, which said trial fee shall be
taxed as a part of the costs. Said city justice shall monthly
pay into the treasury of his city all trial fees, costs and other
fees collected by him. And said city justices shall collect all
fines imposed by them, and account for same as required by law.

$11. Procedure.—All procedure in the court of said civil
and police justice, except so far as herein otherwise provided,
shall conform to the chapter concerning warrants for small
claims, in chapter one hundred and forty of the Code of Vir-
ginia, as amended, except that either party may require the
adverse party to file the particulars of his claim, or the grounds
of defense as provided in section thirty-two hundred and forty-
nine of the Code of Virginia, and except that the proceedings
in a civil cause, wherein an infant or insane person is a party
shall not be stayed because of such infancy or insanity, but the
said civil and police justice shall appoint such discreet and
competent attorney-at-law as guardian ad litem for such infant
or insane defendant, whether such defendant shall have been
served with process or not, or if no such attorney shall be found
willing to act, the said justice shall appoint some other discreet
and proper person as guardian ad litem, who shall faithfully re-
present the interests or estate of the infant or insane person for
whom he is appointed; but the said guardian ad litem so ap-
pointed shall not be liable for costs. The said justice rendering
any judgment may issue a writ of fieri facias thereon im-
mediately, if there be not a new trial granted, nor an appeal
allowed, nor a stay of execution; and the said justice may, from
time to time, renew such writ, either before or after the expira-
tion of one year from the date of the judgment.

§12. Removal and appeal.—No claim returnable before said
justice shall be removed to any other court, but from every
judgment of said justice, in claim exceeding twenty dollars,
exclusive of interest, there shall be an appeal as of right, to
the court of hustings for the city of Portsmouth, save and ex-
cept where it is otherwise provided by law, but no appeal shall be
granted unless and until the party applying for same has given
bond, with sufficient surety to be approved by said justice, to
abide the judgment of the court upon the appeal. The clerk
of said court of hustings for the citv of Portsmouth, or the clerk
of such other court to whom the appeal may be taken, 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
if said writ tax be not so paid within thirty days from the date of
judgment, said appeal shall, therefore, stand dismissed, and said
judgment shall become final; and the said papers upon applica-
tion of any party in interest shall be returned to the said justice
by the clerk of the appellate court; but appeal cases shall not
have preferences over other cases pending in such courts as re-
gards the time of trial.

§13. Dismissal of claims.—If any claims shall have been
pending before such civil and police justice sixty days, he shall
notify the parties that the same shall be dismissed in ten days
thereafter unless good cause can be shown to the contrary, and
unless such cause be shown, said justice shall forthwith dismiss
such claim. All papers connected with any of the proceedings
in the trial of cases before said justice, except such as may be
removed on appeal, shall remain in the office of the said justice,
and shall be properly indexed and filed and preserved.

§14. Rules of practice.—Said justice shall have the power
to make and enforce such reasonable rules of practice as are not
in conflict with law.
§15. Court room, book and stationery.—The city of Ports-
mouth shall provide a suitable court room and office for said
civil and police justice, and shall furnish such necessary books
and stationery as may be approved by the city council. Such
books shall be under the control of such justice and shall re-
main the property of the said city.

$16. Term of office.—The said civil and police justice so
appointed by the city council of the city of Portsmouth as here-
inbefore provided shall hold office for the term of four years
from the date of his appointment, which said appointment shall
be made at such time as said city council may, in its discre-
tion, deem to be wise and expedient. Said civil and police justice
shall hold office until his successor is appointed and qualified;
provided, however, no appointment shall be made for less than
four years.

§17. Acts in conflict repealed.—All acts and parts of acts,
or charter provisions, in conflict with this chapter, be and the
game are hereby repealed.