Chap. 448.—An ACT to amend and re-enact sections 3102, 3105 and 3106 of
the Code of Virginia, 1919. [H B 314]

Approved. March 27, 1922.

1. Be it enacted by the general assembly of Virginia, That sec-
tions thirty-one hundred and two, thirty-one hundred and five and
thirty-one hundred and six of the Code of Virginia be amended and
re-enacted so as to read as follows:

Section 3102. Jurisdiction—The jurisdiction of the civil and
police justice shall be as follows:

(a) The said civil and police justice shall be a conservator of the
peace within the corporate limits of the city for which he is elected.
and for one mile beyond the corporate limits of such city, and
within such limits shall have exclusive original jurisdiction for the
trial of all offenses against the ordinances of said city, and shall
have concurrent jurisdiction with the corporation court of said city
in all cases of violations of the revenue and election laws of the
State, except chapter one hundred and eighty-four, and all offenses
arising under the provisions of chapter one hundred and eighty-five,
of sections forty-five hundred and seventy-two, forty-five hundred
and seventy-three and forty-five hundred and seventy-four, and,
except when it is otherwise specially provided shall have exclusive
original jurisdiction for the trial of all other misdemeanor cases
occurring within his jurisdiction.

(b) The said civil and police justice shall have exclusive juris-
diction in all civil matters cognizable by justices of the peace for
the counties, and shall in addition thereto have concurrent juris-
diction with the circuit and city courts of general jurisdiction of any
claim to damages for any injury done to the person, which would be
recoverable by action at law, if such claims do not exceed three
hundred dollars. No other justice of the peace in such city shall
hereafter exercise such jurisdiction as is herein conferred on said
civil and police justice, except as provided in this chapter.

(c) The said civil and police justice shall also have jurisdiction
to try and decide attachment cases where the amount of the plaintiff’s
claim does not exceed the general jurisdiction of said civil and police
justice, and the proceedings on any such attachment shall conform
to the provisions of chapter two hundred and sixty-nine of the Code
of nineteen hundred and nineteen; save when an attachment other
than under section sixty-four hundred and sixteen is returned
executed, and the defendant has not been served with a copy thereof,
the said civil and police justice, upon affidavit in conformity with
sections sixty-two hundred and sixty-nine of the Code of nineteen
hundred and nineteen, shall forthwith cause to be posted at the
front door of his court room a copy of the said attachment, and shall
file a certificate of the fact with the papers in the case, and in addition
to the said posting, the plaintiff, in the said attachment, or his
attorney, shall give to the clerk of the said civil and police justice
the last known address or abode of the said defendant, verified by
affidavit, and the said clerk shall forthwith mail a copy of the said
attachment to the said defendant, at his, or her, last known address,
or place of abode; or, if said defendant be a corporation, at its last
known address, and the mailing of the said copy as aforesaid shall
be certified by the said clerk in writing, and such certificate shall be
filed with the papers in the case, and after the said copy of the
attachment has been so posted and mailed, as aforesaid, for fifteen
days the said civil and police justice may proceed to try and decide
the said attachment.

Section 3105. Procedure——All procedure under this chapter in
claims and proceedings of which the civil and police justice is given
jurisdiction by sub-section “b” of section thirty-one hundred and two,
except so far as herein otherwise provided, shall conform to the
chapter concerning warrants for small claims, except that warrants
for small claims may also be made returnable before such civil and
police justice, -if the defendant, or one of them, if there be more
than one defendant, is regularly employed or has his regular place
of business in such city or if the cause of action arose therein; except
that on motion of either party the adverse party may be required
to file particulars of the claims on the grounds of the defense as
provided in section sixty hundred and ninety-one, and except that
the proceedings in a cause wherein an infant or an insane person is
a party shall not be stayed because of such infancy or insanity, but
the civil and police justice before whom such suit is pending shall
appoint some discreet and competent attorney at law as guardian
ad litem to such infant or insane defendant, whether such defendant
shall have been served with process or not; or if no such attorney
be found willing to act, the civil and police justice shall appoint some
other discreet and proper person as guardian ad litem who shall
faithfully represent the interest or estate of the infant or insane
person for whom he is appointed ; but the said guardian ad litem so
appointed shall not be liable for costs. The civil and police justice
rendering any judgment may issue a writ of fieri facias thereon,
immediately, if there be not a new trial granted, nor an appeal
allowed, nor a stay of execution; and the said civil and police justice
may from time to time renew such writ either before or after the
expiration of one year from the date of the judgment.

Section 3106. Appeals and removals.—In all misdemeanors triable
before such civil and police justice under the provisions of this
chapter, there shall be an appeal from his judgment to the corpo-
ration court of his city, as now or hereafter provided by law for
appeals from the judgment of a justice of the peace for the counties.
In all civil cases triable before such civil and police justices no
removal to any other court shall be allowed, but in all cases over
twenty dollars, exclusive of the interest, there shall be an appeal of
right to any of the courts exercising generally original common law
jurisdiction in such civil cases in his city, and all such appeals shall
be tried and judgment rendered as provided by section sixty hundred
and thirty-eight, but no appeal shall be granted unles and until the
party applying for the same has given bond, with sufficient surety,
to be approved by the said civil and police justice, to abide the
judgment of the court upon the appeal, if such appeal be perfected.
or if not so perfected, then to satisfy the judgment of the said civil
and police justice, judgment against such surety, when the appeal 1s
not perfected, to be entered under section six thousand and twenty-
eight. The party taking such an appeal may direct to which of
said courts said appeals shall be sent for trial where there are more
than one of such courts, and in the absence of such directions, the
said civil and police justice may send the same to any court having
jurisdiction, and the clerk of said court, upon receipt of the papers
in any such appeal case, shall, upon payment of the writ tax, forth-
with docket such case in its regular order; but if said writ tax be not
so paid within thirty days from the date of the judgment, the said
appeal shall thereupon stand dismissed, and the said judgment shall
become final, and the said papers, upon application of any party in
interest, shall be returned to the said civil and police justice by the
clerk of the appellate court. Appeal cases shall not have preference
over other cases pending in such appellate courts as regards the time
of the trial.