Chap. 483.—An ACT to provide for the appointment of special justices of the
peace in cities of less than 25,000 inhabitants and in counties, to be known
as judges of juvenile and domestic relations courts; to prescribe their
jurisdiction, powers, duties, and compensation; and to provide for the
maintenance of juvenile and domestic relations courts in such cities and in

counties. [S B 165]
Approved March 27, 1922.

Be it enacted by the general assembly of Virginia, as follows:

Section 1. The circuit court of every city of less than twenty-
five thousand inhabitants or the corporation court thereof if there
be no circuit court and the circuit court of every county of this State
shall appoint a special justice of the peace, preferably a person
trained in the law, to be known as the judge of the juvenile and
domestic relations court for such city or county, who shall hold office
for a term of six years and until his successor has been appointed
and has qualified, unless sooner removed as provided by section
twenty-seven hundred and five of the Code of Virginia of nineteen
hundred and nineteen; provided, that said circuit court may designate
or appoint the same person to act as such special justice for a city
and one or more counties, or for two or more counties, within his
judicial circuit. Cities having no corporation court or separate circuit
court shall, for the purposes of this act, be deemed in all respects to be
parts of the counties in which they are situated. Police and civil jus-
tices shall be eligible to appointment under the provisions of this act.

Section 2. Every special justice appointed under this act, before
entering upon the performance of his duties, shall take the oath of
office prescribed by law before the court making the appointment.
Section 3. Every special justice appointed under this act shall
receive the fees prescribed by law for justices of the peace, or in
lieu thereof he shall receive out of the treasury of the city or county
for which he is appointed such salary as the council or other govern-
ing body of the city or the board of supervisors of such county may
prescribe, in which latter event all such fees, when collected, shall
be accounted for and paid by him into the treasury of said city or
county, as the case may be, on or before the tenth day of each month.

Section 4. Such special justice shall hold court at such times and
in such places within his territorial jurisdiction as he shall from time
to time designate; but he may be allowed such vacation period as
the court appointing him may approve. Such appointing court, or
the judge thereof in vacation may, by proper order of record, appoint
as a substitute justice of said juvenile and domestic relations court, a
discreet and competent person, and may at any time revoke such
appointment, and make a new appointment in like manner in the
event of such revocation, or of the resignation, death, absence or
disability of such substitute justice. In the event of the inability
of said special justice to perform the duties of his office by. reason
of sickness, absence, or otherwise, or of the impropriety of his acting,
such substitute justice shall perform the duties and possess the pow-
ers of said special justice during such period, and in the event of the
resignation, death, removal, or permanent disability of the special
justice, such substitute justice shall act until a successor has been
appointed and has qualified.

Section 5. The special justices appointed under the provisions
of this act shall be conservators of the peace within the corporate
limits of the cities or boundaries of the counties for which they are
respectively appointed and in the case of cities within one mile beyond
the corporate limits of such cities; and, except as hereinafter limited.
the special justices of said cities shall have, within the corporate
limits of their said cities, exclusive original jurisdiction, and, within
the territory within one mile beyond said corporate limits, concur-
rent jurisdiction with the special justices of the adjoining county
or counties ; and the special justices of said counties shall have within
the boundaries of their respective counties exclusive original juris-
diction, except as to that territory in which the special justices of
cities have concurrent jurisdiction, over all cases, matters and pro-
ceedings involving:

(1) The disposition, custody or control of delinquent, dependent
and neglected children;

(2) The enforcement of any law, regulation or ordinance for
the education, protection or care of children;

(3) The prosecution and punishment of persons charged with
illtreatment, abuse, abandonment or neglect of children, or with con-
tributing to their delinquency or dependency, or neglect in any manner
or with any other offense against children under the age of eighteer
years except murder and manslaughter; provided, however, that tr
922. | ACTS OF ASSEMBLY. OI/

prosecutions for felonies other than murder and manslaughter and
rape, the jurisdiction of said special justice shall be limited to that
of an examining magistrate ;

(4) All offenses, except murder and manslaughter and rape, com-
mitted by one member of a family against another member of said
family, and the trial of all criminal warrants in which one member
of a family is complainant against another member of said family ;
provided, however, that in prosecutions for felonies other than murder
and manslaughter and rape the jurisdiction of said special justice
shall be limited to that of an axamining magistrate. The word
“family” as used herein shall be construed to include husband and
wife, parent and child, brother and sister, grandparent and grand-
child ;

(5) The prosecution and punishment of persons, male or female,
who knowingly contribute in any way to the disruption of marital
relations or of a home.

Said special justice shall, in all cases, possess the jurisdiction and
exercise all the powers conferred upon justices of the peace and police
justices by the laws of this State, and he shall have such other powers
and jurisdictions as may be lawfully conferred upon him. He shall
have the same powers with respect to the amendment or issuance
of warrants as are conferred on courts and judges by the provisions
of section forty-nine hundred and eighty-nine of the Code of Virginia.

This act shall be construed liberally and as remedial in character ;
and the powers hereby conferred are intended to be general to effect
the beneficial purposes herein set forth. . It is the intention of this
act that in all proceedings concerning the disposition, custody or
control of children coming within the provisions hereof, the court
shall proceed upon the theory that the welfare of the child is the para-
mount concern of the State and to the end that this humane purpose
may be attained, said justices shall possess all necessary and inciden-
tal powers and authority, whether legal or equitable in their nature

From the hearing or trial of all cases, matters or proceedings
under the provistons of this chapter, there shall be excluded all
persons, except officers of the court, attorneys and witnesses in the
case, and the accused, his relatives or his guardian or custodian
Any hearing or trial may be had in chambers.

Section 6. Contempt of court——The said special justice shal
have the same powers in matters of contempt as are conferred .or
courts and judges by the general law, but in no case shall the fine
exceed fifty dollars and imprisonment exceed ten days for the same
contempt. From any such fine or sentence an appeal shall be allowed
as appeals are allowed from such justices in other cases affecting
adults, and the proceedings in such appeals shall conform in all othe:
respects to the provisions of section forty- five. hundred and twenty-
three of the Code of Virginia.

Section 7. The council or other governing body of each city
and the board of supervisors of each county may provide suitable
offrce space for said special justice, and may furnish necessary fur-
niture, filing cabinets, docket, books, stationery, et cetera.

Said special justices shall use such forms and books of record
as may be prescribed or provided by the State board of public welfare.
The records of such court shall be under the control of said special
justice, and shall not be removed or examined by any person without
his consent, except by persons authorized by law to make such
examinations.

Section 8.. The special justice may, in his discretion, call upon
the Commonwealth’s attorney or the clerk of the circuit court of his
city or county to assist him in any proceeding under this act, and it
shall be the duty of such Commonwealth’s attorney and clerk to render
such assistance when so requested, and said Commonwealth’s attorney
shall represent the State in all cases appealed from said juvenile and
domestic relations court to other courts; and the sheriffs and the
constables of the counties of this State and the police officers and
sergeants of the cities shall serve all papers directed by said special
justice to be served by them; but any paper, summons or process
issued by said special justice may be served by any person designated
by said special justice for that purpose.

Section 9. The traveling expenses of such special justice incurred
in the discharge of his duties and the traveling expenses incurred by
a probation officer of said city or county, when traveling under the
order of said special justice, shall, after being approved by the judge
of the circuit court of such city or county, be paid by State auditor
of public accounts out of the criminal accounts fund provided for
such purpose.

Section 10. Appeals.—From any final order or judgment of said
court, affecting the rights or interests of any child, coming within
its jurisdiction, an appeal may be taken in the manner prescribed by
section nineteen hundred and twenty of the Code of Virginia, as
amended.

From any final order or judgment of conviction of said juvenile
and domestic relations court, affecting the rights or interests of any
person over the age of eighteen years, coming within its jurisdiction,
an appeal may be taken by the person aggrieved to the corporation
or hustings court of such city or circuit court of the county within
ten days.- Provided, however, that in any case said appeal may be
withdrawn by the person taking same at any time before the appeal
papers shall have been actually filed in the higher court; and pro-
vided further that in any case said justice may grant a rehearing
within thirty days upon good cause shown, after due notice to inter-
ested parties.

Upon the rendition of final judgment upon an appeal from said
juvenile and domestic relations court, said appelate court shall cause
to be filed with said juvenile and domestic relations courc, a copy of
its judgment, which shall thereupon become the judgment of said
juvenile and domestic relations court. In the event such appelate
court does not dismiss said proceedings or discharge said child or
adult person, said appellate court may, in its discretion, remand said
child or adult person to the jurisdiction of said juvenile and domestic
relations court for its supervision and care, under the terms of its
said order or judgment, and thereafter said child or adult person
shall be and remain under the jurisdiction of said juvenile and domes-
tic relations court in the same manner as if said court had rendered
said judgment in the first instance.

Section 11. Every special justice appointed under the provisions
of this act shall enter upon the discharge of his duties the first day
of January next succeeding his appointment, or on the date specified’
by the court making such appointment.

Section 12. In the event that the council or other governing
body of any city of twenty-five thousand inhabitants or more and
the board of supervisors of any adjoining county shall, by ordinance,
resolution, or by-law, signify their desire to unite in the establish-
ment of a juvenile and domestic relations court with jurisdiction over
said city and said county or any district or dictricts thereof, the
circuit court of such county shall thereupon appoint as special justice
of said county or specified district or districts thereof, a person nomi-
nated by the council or other governing body of said city, who shall
thereupon exercise jurisdiction under the provisions of this act within
the boundaries of said city and said county or the specified district
or districts thereof.

Section 13. In the event that any city and county or counties,
or part thereof, or any two or more counties shall unite in the
establishment of a juvenile and domestic relations court, as provided
by law, the expense of operation and maintenance of such court and
of caring for the wards of such court shall be jointly borne in propor-
tion to their respective populations or as may be agreed upon by the
constituted authorities of the respective cities and counties.