Chap. 227.—An ACT to amend and re-enact sections 4, 9, 61, 62, 63, 64 and
90 of an act approved February 28, 1896, entitled an act to provide a new
charter for the city of Roanoke and the acts amendatory thereof.

[S B 235]
Approved March 14, 1918.

Be it enacted by the general assembly of Virginia, That sections
four, nine, sixty-one, sixty-two, sixty-three, sixty-four and 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 and the acts amendatory thereof, be, and the same are
hereby, amended and re-enacted to read as follows:

4. The municipal officers of said city shall consist of a mayor, not
less than fourteen members of the common council, and not less
than eight members of the board of aldermen, a city clerk, a city
2zuditor (the duties of both offices, city clerk and city auditor may,
in the discretion of council, be imposed on one individual), a civil
and police justice, treasurer, a clerk of the corporation court, who
shall be the clerk of the other courts of record, a sergeant, a com-
missioner of revenue, one issuing justice, one constable, a Common-
wealth’s attorney, a clerk of the market, a city solicitor, a city engi-
neer, a chief of the fire department and a health officer.

9. The common council and board of aldermen in joint session
shall elect a city engineer, a city clerk, a city auditor (council ma
lect one individual for both offices, city clerk and auditor), a civil
and police justice, a city solicitor, a clerk of the market, a chief of
the fire department, and a health officer, all of whom, when here-
after elected hereunder, shall hold office for four years, and it shall
elect such other officers as it may deem expedient for the proper
conduct of the affairs of the city, and in the execution of the powers
hereinafter conferred upon it, all of whom shall be elected by it
at such times and shall hold office for such terms, as may be fixed
by the ordinance of the city, and their respective duties and com-
pensations shall be fixed by said ordinances; and the city council
may by ordinance at any time, for good cause, abolish any munici-
pal office created by it, whether the term of office of the incumbent
has expired or not.

Sec. 61. The civil and police justice shall possess and exercise
all the jurisdiction and exercise all the power and authority of a
justice of the peace for said city, except that he shall not have
power to issue any warrants in detinue, unlawful detainer, attach-
ments, distress warrants and warrants for small claims except when
acting for the issuing justice. The civil and police justice shall re-
ceive no fees for his services as such. He shall try all violations of
the city ordinances and inflict such punishment as may be pre-
scribed for a violation of the same. He shall keep his office and
court at the place prescribed by the council daily, except Sundays,
and if from any cause he shall be unable to act, the issuing justice
shall discharge the duties of the civil and police justice prescribed
herein during such inability. From any decision of the civil and
police justice affecting the legality of any ordinance passed by the
council the city shall have the right of an appeal to the corpora-
tion court of said city.

Sec. 62. The civil and police justice shall keep a regular account
of all fees, forfeitures and costs imposed or arising in the adminis-
tration of his office, which he shall report weekly to the auditor.
The chief of police shall collect such fines, forfeitures and costs and
report the same weekly to the auditor, and pav the same weekly to
the treasurer. The civil and police justice shall receive such salarw
as shall be fixed by the council, and he shall receive no other com-
pensation or emoluments whatever, and his salary shall not be
diminished during his term of office.

Sec. 63. The city treasurer shall collect all city taxes and as-

sessments, city licenses, rents. fines. penalties, and other income and .

revenue of the city which is not made specially the duty of some
other officer to collect, and he shall keep his books and accounts in
such manner as the council may prescribe, and such books and ac-
counts shall be subject to the inspection of the mayor or any com-
nittee of the council authorized to examine the same,

_ Sec. 64. No money shall be paid out except upon warrants of
he auditor, countersigned by some one designated by the council
All money to be paid to the treasurer of the city, except the city

axes, assessments and city licenses. shall be paid by the person 1i- ;

ible to pay the same. or his agent. to the treasurer ; wing
. : S agent, in the follo
nanner: A warrant shall first be obtained fram th. ..a%.. oF

im.
rected to the treasurer to receive the sum to be paid, specifying on
what account the payment is to be made. Upon payment of the
money to the treasurer he shall give a receipt of the same in dupli-
cate, which receipt shall be carried to the auditor, who shall en-
dorse on the original receipt the fact that a duplicate thereof has
been filed in his office and deliver the same to the person entitled
thereto, and shall file the duplicate in his office; and no payment
made to the treasurer, unless this requirement is complied with shall
be an acquittance of any claim on the part of the city.

Sec. 90. The city of Roanoke shall be one magisterial district.
There shall be one justice of the peace for said city, who shall be a
resident thereof 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 his successor be elected and qualified, unless sooner re-
moved from office, said issuing justice or justice of the peace shall
receive no fees for his services as such, but shall receive such salary
as shall be paid by the council, and he shall receive no other com-
pensation or emolument whatever, and his salary shall not be di-
minished during his term of office. The said justice of the peace
shall be a conservator of the peace within the limits of the cor-
poration of Roanoke, and one mile beyond, and shall have the same
powers and duties within the said limits, as is prescribed by law in
respect to justices of the peace now in the city of Roanoke, ex-
cept that said justice shall not have the power to try civil cases, nor
any of the powers granted to the civil and police justice of said
city (except when performing the duties of the civil and police
justice), nor shall he have the right to issue any garnishment pro-
cess, or execution, except in cases of unlawful detainer, and, fur-
ther, whenever said justice shall issue any civil warrant he shall
collect the sum of one dollar at the time said warrant is issued, this
and all other fees prescribed by law shall be collected at the time
the service is performed by him; and he shall pay into the city
‘reasury all sums collected.

Such payments shall be made to the treasurer on Monday of
ach week, by pay-in warrant, through the auditor’s office, as other
‘ity moneys are paid, and all fees collected by the “civil and police
justice” shall be paid weekly into the treasury in the same manner.

The issuing justice shall, on a form to be prescribed by council,
n 4 permanently bound book, keep an account of all fees collected
vy him.

In case of failure by the district or issuing justice to keep such
ecord and to make report and pay to the treasurer any fees col-
ected by him, as herein provided, then the city of Roanoke shall
ave the right of action against the said district justice for the pay-
nent of the sum or sums so collected; and a district justice failing
o make a report and pay in to the treasurer the amounts collecte
yy him, as herein provided, shall upon conviction thereof before
he corporation court of said city be fined not less than ten dollars nor
nore than twenty dollars for each offense, and in the discretion of
the judge of the said corporation court be removed from office. The
council may require a bond of the issuing justice in such amount and
with such surety as it may deem advisable.

All warrants and processes issued by the district justice shall be
returnable before the civil and police justice, except such as may by
law be returnable before the judge of the corporation court or the
clerk thereof.