Chap. 434.—An ACT to amend and re-enact section 3102 of the Code of Virginia,
as amended, by acts approved March 27, 1922, March 15, 1924 and March
23, 1926, in relation to civil and police justices, civil justices and judges of
municipal courts. [fH B 127]

Approved March 26, 1928

1. Be it enacted by the general assembly of Virginia, That sec-
tion thirty-one hundred and two of the Code of Virginia, as amend-
ed by acts approved March twenty-seventh, nineteen hundred and
twenty-two, March fifteenth, nineteen hundred and twenty-four, and
March twenty-third, nineteen hundred and twenty-six, be further
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 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 con-
current jurisdiction with the corporation court of said city in all
cases of violations of the revenue and elections laws of the State,
except chapter one hundred and eighty-four, and all offenses aris-
ing 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 ori-
ginal jurisdiction for the trial of all other misdemeanor cases occur-
ring 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 jurisdic-
tion 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 plain-
tiff’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 attach-
ment 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 con-
formity with sections six thousand and sixty-nine and six thousand
and seventy of the Code of nineteen hundred and nineteen, shall
forthwith cause to be posted at the front door of his courtroom 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.

(d) The said civil and police justice, and the judge of the
municipal court in any city which has such a judge under its char-
ter, shall have concurrent jurisdiction with the circuit and city
courts of general jurisdiction in actions at law, except for the re-
covery of a fine, where the amount in controversy does not exceed
one thousand dollars; provided, however, that where the amount in
controversy exceeds the sum of three hundred dollars, the justice
or judge shall, at any time within ten days after return date of
process, providing that judgment has not been rendered, but not
thereafter, upon the application of the defendant, and the filing by
him of a statement of defense, and the particulars thereof, which
said statement shall be sworn to, and upon his payment of the costs.
accrued to time of removal; remove the case and all the papers
thereof, to a court having jurisdiction of appeals from said justice
or judge of the city wherein the warrant has been brought. On the
trial of the case the proceedings shall conform to proceedings un-
der section six thousand and forty-six of the Code of Virginia as
now or hereafter amended.