Chap. 391.—An ACT to amend and re-enact sections 10, 11 and 15 of an act en-
titled an act to provide a charter and special form of government for the city
of Hampton, and to repeal the existing charter of said city, formerly the town
of Hampton, approved May 23, 1887, and the several acts amendatory thereof,
approved, respectively, February 29, 1892, February 24, 1896, March 3, 1898,
January 13, 1900, January 30, 1900, February 23, 1901, the two acts of May 15,
1903, March 2, 1914, March 9, 1916, and the acts of December 26, 1903, which
became a law without the governor’s signature; and all other acts and parts
of acts inconsistent with this act, so far as they relate to the city of Hampton,
approved March 16, 1920, section 15, of which as heretofore amended.

[HH B 388]
Approved March 29, 1932

1. Be it enacted by the general assembly of Virginia, That an act
entitled an act to provide a charter and special form of government for
the city of Hampton, and to repeal the existing charter of said city,
formerly the town of Hampton, approved May twenty-third, eighteen
hundred and eighty-seven, and the several acts amendatory thereot,
approved, respectively, February twenty-ninth, eighteen hundred and
ninety-two, February twenty-fourth, eighteen hundred and ninety-six,
March third, eighteen hundred and ninety-eight, January thirteenth,
nineteen hundred, January thirtieth, nineteen hundred, February
twenty-third, nineteen hundred and one; the two acts of May fifteenth,
nineteen hundred and three, March second, nineteen hundred and four-
teen, March ninth, nineteen hundred and sixteen, and the act of Decem-
ber twenty-sixth, nineteen hundred and three, which became a law
without the governor’s signature; and all other acts and parts of acts
inconsistent with this act, so far as they relate to the city of Hampton,
approved March sixteenth, nineteen hundred and twenty, section fit-
teen of which as heretofore amended, be amended and re-enacted so
as to read as follows: ,

Section 10. The city attorney shall be chosen by the council from
the electors of said city, and shall be the legal adviser of the city and
the school board of said city, and shall render unto the city and the
school board of said. city all and every professional act incident to the
office, which may be required of him by the council, any committee
thereof, the mayor or city manager. All matters of law to which the
city and the school board of said city may be a party or in any wise
interested shall be under his supervision, direction and control, subject
to the direction of the council, and he shall receive such salary as the
council may deem proper.
section 11. The police justice shall be chosen by the council from
the electors of the city.

The said police justice shall have all the powers and duties of a
justice of the peace, in both civil and criminal matters, and in addition
to such powers and duties it shall be his duty, and he shall have juris-
diction to enforce the penal laws of the State and city and the ordi-
nances and resolutions of the council; and he shall have exclusive
original jurisdiction of all offenses, of whatever nature, against the
ordinances of the city. His jurisdiction shall extend throughout the
corporate limits of the city, and, in criminal matters, for one mile
beyond those limits. In enforcing such laws, ordinances and resolu-
tions he shall have power to enforce and collect all fines and penalties,
and to inflict and impose such other punishments as by said laws,
ordinances or resolutions are ordained as a penalty for any breach
thereof; and to enforce the payment of any fine or penalty imposed
by him for any violation of a city ordinance or resolution, or any State
law, by imprisonment in the city jail. The police justice shall hold a
court each day, except Sunday, to take cognizance of such cases as may
be brought before him under the laws of the State or the ordinances
of the city. In case of the absence from the city, or inability to act,
on the part of the police justice, the council may designate some person
to act in his place, who, when acting, shall possess the same powers and
discharge the same duties as said police justice, and receive the same
rate of compensation. Before entering upon the discharge of his duties
the police justice shall give a bond in the penal sum of one thousand
dollars ($1,000.00), with a recognized surety company as surety there-
on, to be approved by the city council, payable to the city of Hampton,
and conditioned upon the faithful performance of his duties. He shall
receive for his services as police justice such a salary as the council
may deem proper, provided the same shall not exceed eight hundred
dollars ($800.00) per year, which said salary shall be in full compensa-
tion for all of his services, and in lieu of all fees whatever ; but he may
receive, in addition to his salary, those fees allowed by law for the
hearing of civil cases. He shall tax and collect the usual fines and
fees for the trial of cases for violation of State and municipal laws
prescribed by statute or by the ordinances of the city; and all fines and
fees so collected shall be paid to the city treasurer daily.

The city council is hereby authorized and empowered to employ a
clerk for the police court, or to designate any other officer or employee
of the city, to perform the duties of such clerk, and to provide that all
fines and fees, both city and State, allowed by law for any services
rendered by the police justice, shall be collected by such clerk from the
police justice and paid to the city treasurer daily. Before entering upon
the duties of his office such police court clerk shall execute a bond with
a recognized surety company as surety thereon, to be approved by the
city council in the penalty of one thousand dollars ($1,000.00), pay-
able to the city of Hampton, and conditioned upon the faithful per-
formance of the duties of his office.
Section 15. The city treasurer shall be elected at the time and in
the manner and for the term provided in section fourteen of this act.
Before entering upon the duties of his office he shall execute a bond
with a recognized surety company as surety thereon, to be approved
by the city council in a penalty not greater than the amount of city
and school revenue to be received annually by him, nor less than
twenty-five per centum thereof, payable to the city and conditioned
upon the faithful discharge of his official duties as city treasurer. The
city council shall have the power and authority to increase the said
treasurer’s bond and to require additional security thereon at any time
they deem such increase or additional security necessary during the
treasurer’s term of office. He shall collect and keep all funds and
other monies belonging to the city and pay out the same on the order
of the council, attested by the city clerk. He shall also collect and
keep all funds and other monies belonging to the schools of the said city
and pay out the same on the order of the city school board, in accord-
ance with the school board’s annual budget, which shall have been ap-
proved by the city council. He shall receive no salary, but his com-
pensation for the performance of his duties shall be a commission of
three and one-half per centum upon all monies collected from city taxes,
levies, assessments, fines and penalties; provided, that his commission
on the proceeds of bonds issued by the city, or received from other.
sources, he shall receive a commission of one-fourth of one per centum ;
and upon money collected or invested by the city and subsequently paid
back, he shall receive a commission of one per centum upon the interest
only collected thereon, and not upon the principal sum, but in no event
shall his compensation exceed the sum of four thousand dollars
($4,000.00) per annum from the city of Hampton, and should his total
gross commissions from all sources of city and school revenue exceed
four thousand dollars ($4,000.00) per annum, such excess shall be
refunded by him to the general fund of the city.

There shall be an annual audit of all the books and accounts of the
treasurer by an auditor approved by the council.

2. An emergency existing this act shall be in full force and effect
from and after its passage.