Chap. 134.—An ACT to amend and re-enact section 33 of chapter 161 of the acts
of assembly of 1918, entitled an act to provide a new charter for the town of
Pocahontas, in the county of Tazewell, and to repeal all other acts or parts of
acts in conflict therewith. [H B 212]

Approved March 20, 1930

1. Be it enacted by the general assembly of Virginia, That sec-
tion thirty-three of chapter one hundred and sixty-one of the acts of
assembly of nineteen hundred and eighteen, be amended and re-enacted
so as to read as follows:

Section 33. Police justice—(a) The police justice, as herein pro-
vided for, shall be a conservator of the peace within the corporate
limits of the town, and shall have the power to issue civil and criminal
process, and shall have exclusive original jurisdiction to try all offense
against the ordinances of the town.

(b) The said police justice shall have jurisdiction in the town in
all civil matters, now cognizable by justices of the peace of counties,
and shall, in addition thereto have concurrent jurisdiction with the
circuit court of Tazewell county, Virginia, in all civil matters, including
damages for personal injuries, if the claim does not exceed the sum
of three hundred ($300.00) dollars, exclusive of interest. He shall
have the same jurisdiction as the justices of the peace in all offenses
against the laws of the Commonwealth of Virginia. After the appoint-
ment of such police justice, no other justice of the peace shall here-
after exercise such jurisdiction as is herein conferred on the said
police justice:

_(c) The police justice shall hold office during the pleasure of
the council, and his salary shall be fixed by the said council. He shall

make a report of the affairs of his office to the council of the said town
at its first regular meeting in each month, or oftener if the council shall
request same.

(d) The council may, however, in lieu of appointing a police jus-
tice, designate the mayor or some member of the council to perform
and exercise the duties of police justice, in which event, the person
so designated shall have all the powers, authority and Jurisdiction of
the police justice and shall receive such compensation for his services
as may be allowed by the council.

(e) In the event of the inability of the police justice, on account
of sickness, absence, vacation, personal interest, or if he be otherwise
disqualified to sit in judgment, the council shall appoint a substitute
police justice, who shall perform all the duties of the office of police
justice in such case.

(f) All the provisions of law now in force, or which may be here-
after enacted, governing preliminary examinations, granting of bail,
procedure, and appeals in both civil and criminal cases, cognizable by
justices of the peace, not affected by this act, shall apply in like man-
ner to cases tried before the said police justice, unless otherwise pro-
vided herein, except that in all civil and criminal cases triable before
such police justice no removal shall be allowed, unless claim be for
fifty ($50.00) dollars, or over, exclusive of interest; nor shall an appeal
be allowed in any civil case, from the judgment of said police justice,
unless the judgment exceed the sum of twenty ($20.00) dollars, ex-
clusive of interest. Removals and appeals permitted herein shall be to
the circuit court of Tazewell county, Virginia.

(g) The police justice shall have power to make and enforce such
reasonable rules of practice as are not in conflict with law.

2. All acts or parts of acts in conflict with the provisions of this
act are hereby repealed.

3. An emergency now existing in the said town, this act shall be
in effect from its passage.