Chap. 501.—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 per-
manent improvement and government of said city, approved March 20, 1920.

[H B 351]
Approved March 25, 1926.

1. Beit enacted by the general assembly of Virginia, That section
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 citv, approved March twentieth. nineteen
hundred and twenty, be amended and re-enacted so as to read as
ollows:

Section 3. (1) The municipal officers of the said city, in addition
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 corporation 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 terms of office expire,
and until their respective successors are elected and qualified. The
said officers shall before entering upon the discharge of their respective
duties, take and subscribe to the oaths required of public officers in
this Commonwealth, and shall, in addition thereto, enter into and
execute bonds in the following named penalties, payable to the Com-
monwealth of Virginia, and conditioned as provided by law, as follows:
The commissioner of the revenue, a bond in the penalty of two thous-
and dollars; the city treasurer, a bond in the penalty of twenty-five
thousand dollars; the city sergeant, a bond in the penalty of two
thousand dollars; and the other of said officers in such bond as 1s pro-
vided 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 compensation of the said officers shall be paid monthly or
semi-monthly installments 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, one hundred and twenty-five dollars; attor-
ney for the Commonwealth, one hundred dollars; commissioner of the
revenue, twenty-five dollars; city treasurer, twenty-five dollars; city
sergeant, fifty dollars.

In the city of Hopewell, there shall be elected by the qualified
voters, on Tuesday after the first Monday in November, nineteen
hundred and thirty-three, and every eight years thereafter, a clerk of
such court, to be called the clerk of the corporation court, whose term
of office shall begin on the first day of February of the first year after
such election and shall continue thereafter for eight years.

The present clerk of the corporation court of the city of Hopewell
shall continue in office and be the clerk of the corporation court of the
city of Hopewell, unless removed by general law, until his successor
shall have been elected and qualified at the regular election held on
Tuesday after the first Monday in November, nineteen hundred and
thirty-three.

If any vacancy arise in the offices of the attorney for the Common-
wealth, 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 pro-
vided for.
(2) The office of the 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, (or as soon thereafter as
may be practicable), and biennially 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, a& 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.

Such civil and police justice and substitute civil and police justice
shall be qualified voters of the city of Hopewell, and shall have prac-
ticed law in the State of Virginia, at least two years before the date
of their appointment; and shall not, during their terms of office, hold
any other public office.

Each of the said justices, 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, pavable to the State of Virginia, and condi-
tioned 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 salarv as the city
council may determine, not to exceed one hundred and fifty dollars
per month, which salary ts to be paid in the same manner as the sal-
aries of other ottcials are paid, and in addition thereto, shall receive
such fees as may be earned by him in the trial or handling of civil
matters. The compensation to be paid the substitute civil and police
justice shall be the fees in civil matters. earned by him, and for the
davs he helds court in the place and stead of the civil and police justuce
tee try to hear eriminal 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
cnviband police justice: provided. further, that the said civil and police
rustice shall have an annual vacation of ftteen days during each vear.
to be had between the frst dav ot ] uv and the thirtieth dav of Septem-
Ser with pay.

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Pee courtot suck enti and pelice tustice shal: be kept open tor the
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pransaetim of bosrness every dav in the vear, except Sundays and
fecal boocdavs. Phe city counment shall have the pewer fo Ti any va-
eames goose inthe othce of the civil and pevrce Fustice or che substitute
cand ace tustce. Te the everper the rrabcuwoot the caval and

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Ug tate te get ore che Giese on echo fhreugs any cause such
as absence, sickness, interest in the matter to be tried or heard, the
substitute civil and police justice shall perform the duties of the office
during such absence or disability. While acting as such, either of such
justices may perform all the acts, with reference to the proceedings of
the other, in any. warrant, claim or proceedings before the court, 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 concurrent
original jurisdiction with the corporate court for the trial of all offenses
against the ordinances of the city, and in the trial of all such misde-
meanors where justices are given original jurisdiction by general law,
and shall have such concurrent jurisdiction with the corporation
court of the city as is generally given justices by law. In civil matters
the jurisdiction of the court shall be the same as that of justices gen-
erally, except as herein otherwise provided.

Such civil and police justice, and substitute civil and police justice,
shall collect all costs and fees required by law to be paid, and at or
before the time of the hearing before either of such justices the plain-
tiff shall pay a trial fee of fifty cents on each one hundred dollars, or
fractional part thereof, claimed in the warrant, which trial fee shall
be taxes as part of the costs. All fines collected by either of such
justices shall be accounted for in the manner provided by the general
law and by the ordinances of the city.

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 here-
after be provided by law for appeals from judgments of justices. An
appeal shall also be allowed from the judgment of such justice im-
posing 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 tryable
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 fifty 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 proceedings 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 nec-
essary 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, as the
council may designate.

The civil and police justice and the substitute civil and police jus-
tice may be removed or suspended from office by the corporation court
of the city for any of the causes which warrant removal or suspension
under general law. All proceedings for such removal, or suspension,
shall be by order of, and on motion before the said corporation court,
after reasonable notice to the justice to be affected thereby. Such
justice shall have the right to demand a trial by jury.

(4) The city council may select one justice, who shall give a
bond in the penalty of one thousand dollars, conditioned according to
law, and to be approved, with corporate surety, by the corporation
court of the city, who shall have. authority to issue summons and
criminal warrants, returnable to, and be heard and determined by the
civil and police justice or the substitute civil and police justice, and to
bail persons charged with misdemeanors or violations of the city ordi-
nances, and who shall be known as the issuing and bailing justices.
His term of office shall be concurrent with that of the civil and police
justice, and his compensation shall be the fees now allowed justices
for issuing warrants and summonses and admitting persons to bail.

(5) The salaries of the elective officers of the city, not exceeding
the amounts hereinbefore provided for, shall be fixed at a joint meeting
of the council before their election, and at least six months before such
officers assume their respective duties. Such salaries may be sub-
sequently changed for any year but shall not be diminished during
their terms of office. ,

(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 re-
paired, 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 purpose
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 in this, shall not be
deemed or held to be exclusive, but in addition to the powers enum-
erated herein, implied thereby, or appropriate to the exercise thereof,
the said city shall have had, may exercise all other powers which are
now or may hereafter be possessed or enjoyed by cities under the Con-
stitution and general laws of the State.

(7) An emergency is declared to exist under section fifty-three
of the Constitution, and this act shall be effective from its passage.