Chap. 297.—An ACT to amend and re-enact section 3 of an act entitled an act to
create the city of Hopewell, in the county of Prince George; to provide
temporary and permanent officers for its organization and management and
to authorize the assessment and collection of revenue necessary for the
permanent improvement and government of said city, approved February
26, 1916, as amended by an act approved March 20, 1920. [H B 436]

Approved March 20, 1922.

1. Be it enacted by the general assembly of Virginia, That sec-
tion three of an act entitled an act to create the city of Hopewell, in
the county of Prince George; to provide temporary and permanent
officers for its organization and management and to authorize the
assessment and collection of revenue necessary for the permanent
improvement and government of said city, approved February twenty-
sixth, nineteen hundred and sixteen, as amended by an act approved
March twentieth, nineteen hundred and twenty, be amended and re-
enacted so as to read as follows:

Section 3. (1). The municipal officers of the said city, in ad-
dition to the mayor and members of the council, shall be qualified
voters of the said city, and shall be as follows: A clerk of the corpo-
ration court, an attorney for the Commonwealth, a commissioner of
the revenue, a city treasurer, and a city sergeant, all of whom shall
hold office subject to removal as provided by general law, until their
1922.] ACTS OF ASSEMBLY. 497

terms of office expire, and until their respective successors are elected
and qualified. The said officers shall before entering upon the dis-
charge of their respective duties, take and subscribe to the oaths
required of public officers in this Commonwealth, and shall, in ad-
dition thereto, enter into and execute bonds in the following named
penalties, payable to the Commonwealth of Virginia, and conditioned
as provided by law, as follows: The commissioner of the revenue,
a bond in the penalty of two thousand dollars; the city treasurer, a
bond in the penalty of not less than twenty-five thousand dollars; the
city sergeant, a bond in the penalty of not less than five thousand
dollars; and the other of said officers in such bond as is provided
for by general law; all of which said bonds shall be entered into
before the corporation court of the said city or the judge thereof in
vacation, with corporate surety deemed sufficient by the judge of
the said court. The said officers shall have, possess and exercise
all powers and duties, and be subject to all and single liabilities, con-
ferred and imposed by general law upon like officers, respectively,
in other cities of the first class in this Commonwealth. The com-
pensation of the said officers shall be paid in monthly or semi-monthly
instalments by the said city, except as herein otherwise directed,
or by general law provided, and shall not, where the same is paid by
the said city, exceed the following amounts for any one month:
Clerk of the corporation court, fifty dollars: attorney for the Common-
wealth, one hundred dollars; commissioner of the revenue. twenty-
five dollars; city treasurer, twenty-five dollars, city sergeant, fifty
dollars. If any vacancy arise in the offices of the attorney for the
Commonwealth, clerk of the corporation court, city sergeant, city
treasurer and commissioner of the revenue the same shall be filled
by the judge of the corporation court. All persons as herein provided
shall enter into and subscribe to the oaths, and execute bonds, as
hereinbefore provided for.

(2) The office of city attorney being vacated and abolished by
this act, the city council shall have authority to retain, or employ,
such attorney, or attorneys, as may be necessary to protect the city’s
interest and to properly care for its legal business, and to agree with
such attorney or attorneys, upon the retainers and fees to be paid
for such services.

(3) The city council shall, in joint meeting, on the first Tuesday
in September, nineteen hundred and twenty-two (or as soon thereafter
as may be practicable), and bi-ennially thereafter, elect or appoint
a special justice of the peace to be known as the civil and police
justice, who shall hold office for a term of two years, beginning on
the first day of November after his election or appointment, or until
his successor is elected and qualified, unless sooner removed from
office, as provided by general law. The city council shall, at the same
time, appoint a second special justice of the peace, to be known as
the substitute civil and police justice, whose term of office shall be
concurrent with that of the civil and police justice. Said ¢ivil and
police justice and substitute civil and police justice shall be qualified
voters of the city of Hopewell, and shall have practiced law in the
State of Virginia at least two years before the date of their appoint-
ment. The said civil and police justice shall not, during his term of
office hold any other public municipal office or State salaried office.
Each of said justices shall, before entering upon the discharge of
their duties, take and subscribe the oath required of public officers
in this Commonwealth, and shall severally enter into bond, in the
penalty of two thousand dollars, payable to the State of Virginia,
and conditioned as the law directs with corporate surety deemed
sufficient by the judge of the corporation court, in which court such
bonds shall be made. Such civil and police justice shall receive
such salary as the city council may determine, not to exceed one
hundred and fifty dollars per month, which salary i is to be paid in the
same manner as the salaries of other officials are paid and, in addition
thereto, shall receive such fees as may be earned by him in the trial
or handling of civil matters, and such fees as earned by him in issuing
criminal warrants and admitting persons to bail in criminal matters,
provided that he shall not charge or receive any fees for issuing
criminal warrants or admitting any person to bail when such services
are performed during usual court hours. The compensation to be
paid the substitute civil and police justice shall be the fees in civil
and criminal matters earned by him, and for the days he holds court
in the place and stead of the civil and police justice to try or hear
criminal cases, there shall be allowed him an amount equal to the per
diem salary of such civil and police justice; provided, however, that
such allowance shall be deducted from the salary of the civil and
police justice ; provided further, that the said civil and police justice
shall have an annual vacation of one month during each year, to be
had between the first day of July and the thirtieth day of September,
with pay. The court of such civil and police justice shall be kept
open for the transaction of business every day in the year, except
Sundays and legal holidays. The city council shall have the power
to fill any vacancy arising’ in the office of the civil and police justice
or the substitute civil and police justice. In the event of the failure
of the civil and police justice to perform the duties of his office for any
cause, the substitute civil and police justice shall perform the duties of
said office. While acting as such either of the said justices may per-
form all acts with reference to the proceedings of the other in any mat-
ter, in the same manner, and with the same force and effect as if they
were his own. The said justices shall be conservators of the peace
within the corporate limits of the city and for one mile beyond such
corporate limits, and the civil and police justice court shall have con-
current original jurisdiction with the corporation court for the trial
of all offenses against the ordinances of the city, and in the trial
of all such misdemeanors where justices are given original juris-
diction by general law, and shall have such concurrent jurisdiction
with the corporation court of the city as is generally given justices
by law. In all other criminal and in all civil matters the jurisdiction
of the said court shall be the same as is given by law to the police
justices, the civil and police justices, the justices of juvenile and
domestic relations courts, and justices of the peace, generally, except
as is otherwise herein provided. Said civil and police justice and
substitute civil and police justices shall collect all costs and fees
required by law, to be paid, the amount of such costs and fees shall
be the same as is allowed to justices of the peace by general law,
except that said justices shall receive for issuing a warrant of arrest
in a misdemeanor case one dollar, for issuing a warrant of arrest in
a felony case two dollars, for issuing a search warrant in any case
two dollars, for admitting any person to bail charged with a misde-
meanor one dollar, for admitting any person to bail charged with a
felony two dollars, for issuing a warrant or other claim of similar
kind in a civil case one dollar, for trying any civil case when the
amount or thing in controversy does not exceed one hundred dollars
in value, one dollar, for each one hundred dollars additional or frac-
tional part thereof in value, fifty cents, which said fee shall be taxed
as part of the costs. Provided, that in all criminal cases tried before
said justices, and in which there is a conviction, the said justice shall,
if authorized by the council of this city tax as a part of the costs
not more than one dollar as trial fee, and not more than two dollars
as arrest and witness attendance fees, which fees, together with all
fines collected, shall be accounted for according to general law and
city ordinances, In all misdemeanor trials before either of such
justices there may be an appeal to the corporation court of the city,
as now or may hereafter be provided by law for appeals from judg-
ments of justices. An appeal shall also be allowed from the judgment
of such justice imposing a penalty for the infraction of any city
ordinance, except in cases where the penalty imposed is a fine not
exceeding ten dollars, in which case such judgment shall be final.
In no civil cases triable before either of such justices shall a removal
to any other court be allowed. An appeal from the judgment of
either of such justices shall be allowed only in case where the amount
or thing in controversy, exceeds twenty dollars in value, exclusive
of interest ; but no such appeal shall be granted unless and until the
party applying for same shall have given bond in the amount, and
with surety to be approved by such justice, to abide the judgment
of the court to which the appeal is made. The said justice shall
keep a civil docket book and a criminal docket book, on which shall
be entered all cases tried and prosecuted before them, the proceedings
had therein and the disposition of the same; which docket books
shall be furnished by the city council. .All papers connected with
any proceeding before such justices, except such as may be removed
on appeal, and such as in criminal matters may be required by law
to be returned or lodged in the office of the clerk of the corporation
court, shall be properly indexed, filed and preserved, the city council
shall provide for such justices the netessary and proper books, forms
and files, which shall be and remain the property of the city, and
shall be turned over by such. justices to their.’successors in office.
The books and. papers in such office:shall be examined and audited
at any time the council may see fit by such person, or persons, ¢
the council may designate. The civil and police justice and the sul
stitute civil and police justice may be removed or suspended fro:
office by the corporation court of the city for any of the causes whic
warrant removal or suspension under general law. All proceeding
for such removal, or suspension, shall be by order of, and on motic
before the said corporation court, after reasonable notice to the ju:
tice to be affected thereby. Such justice shall have the right to d
mand a trial by jury. ;

(4) The city council may select one justice, who shall give
bond in the penalty of one thousand dollars, conditioned accordin
to law, and to be approved, with corporate surety, by the corpc
ration court of the city, who shall have authority to issue summon
and criminal warrants, returnable to, and be heard and determine
by the civil and police justice or the substitute civil and police justice
and to bail persons charged with misdemeanors or violations of th
city ordinances, and who shall be known as the issuing and bailing
justice. His term of office shall be concurrent with that of the civi
and police justice, and his compensation shall be the same fee:
allowed by this act to the civil and police justice for issuing war
rants of arrest, search warrants, admitting persons to bail (in mis:
demeanor cases) and the same allowed by general law to justices
of the peace for issuing summonses.

(5) The salaries of the elective officers of the city, not exceeding
the amounts hereinbefore provided for, shall be fixed at a joint meet-
ing of the council before their election, and at least six months before
such officers assume their respective duties. Such salaries shall not
be increased or diminished during their term of office. Failure to
fix the salary as above stated shall entitle the elected officer to re-
ceive the same salary that his or their predecessor received.

(6) The city council shall have the power to establish, open,
widen, grade, improve, construct, maintain, light, sprinkle and clean,
public highways, streets, alleys, boulevards and parkways, and to
alter or close the same; the said council shall also have the power
and authority to make all necessary provisions to prevent accidents
by fire; to designate such parts of said city as it may deem advisable
within which no building or buildings of wood shall be erected or
repaired, to regulate the erection of all buildings by ordinances and
to order the removal of any building which shall hereafter be erected
contrary to such ordinances or regulations at the expense of the
builder or owner thereof and to cause any building which may be
adjudged to be unsafe or dangerous to life or property to be taken
down at the expense of the owner thereof. To acquire in any lawful
manner in any county of the State, such water, lands and lands under
water, as the council of said city may deem necessary for the pur-
pose of providing any adequate water supply for said city and of
piping or conducting the same; to lay all necessary mains; to erect
and maintain all necessary dams, pumping station and other works
in connection therewith. The enumeration of the particular powers
n this shall not be deemed or held to be exclusive, but in addition
o the powers enumerated herein, implied thereby, or appropriate to
he exercise thereof, the said city shall have had, may exercise all
other powers which are now or may hereafter be possessed or en-
joyed by cities under the Constitution and general laws of this State.
Providing, that this act shall be construed to be an exception to all
other acts in so far as such other acts are in conflict herewith, and
the judicial declaration of the invalidity of any provision, or the
application thereof, shall not affect the valtdity of any other pro-
vision, or the application thereof.